In re Briscoe
New York Supreme Court
Application by A. M. Perkenson, sheriff of Fulton county, state of Georgia, by habeas corpus to procure the delivery to him of Benjamin W. Briscoe, an alleged fugitive from justice in Georgia, and ordered to be surrendered to him by the governor of this state, upon the demand of the governor of Georgia, and now held and detained by the sheriff of the city and county of Hew York by an order of arrest made by Mr. justice Donohue, in a civil action, pursuant to section 179 of…
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Application by A. M. Perkenson, sheriff of Fulton county, state of Georgia, by habeas corpus to procure the delivery to him of Benjamin W. Briscoe, an alleged fugitive from justice in Georgia, and ordered to be surrendered to him by the governor of this state, upon the demand of the governor of Georgia, and now held and detained by the sheriff of the city and county of Hew York by an order of arrest made by Mr. justice Donohue, in a civil action, pursuant to section 179 of the Code.
1Opinion of the CourtWestbrook, J.
— On the 3d day of July, 1876, Briscoe was arrested by the sheriff of the county of Hew York, in a civil action commenced in the supreme court of this state, upon an order of arrest made and issued by Mr. justice Donohue, directing the said sheriff to arrest Briscoe, and hold him to bail-in the sum of $7,000. Briscoe is now held by such sheriff under such order of arrest, and one subsequently issued by Mr. justice Westbbook, in another action for the sum of $1,800, in default of bail, and the sheriff returns both of said .orders as the causes for the detention of said Briscoe.
On the 8th day…
2Cases cited4 opinions
- Commonwealth of Ky. v. DENNISON, GOVERNOR, &C.Supreme Court of the United States · 1861
- Prigg v. PennsylvaniaSupreme Court of the United States · 1842
- People Ex Rel. Lawrence v. . BradyNew York Court of Appeals · 1874
- Ex Parte DorrSupreme Court of the United States · 1844
3Cited by9 opinions
- Barranger v. BaumSupreme Court of Georgia · 1898
- Opinion of the Justices to the Governor & CouncilMassachusetts Supreme Judicial Court · 1909
- Ex Parte PearceCourt of Criminal Appeals of Texas · 1893
- People ex rel. Gallagher v. HaganNew York Supreme Court · 1901
- People ex rel. Lipshitz v. BessengerAppellate Division of the Supreme Court of the State of New York · 1947
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