Legal Opinion

Mahon v. Justice

Supreme Court of the United States

Decided May 14, 1888No. 1411PublishedCited by 161 opinions

■APPEAL- PROM THE CIRCUIT COURT OP THE' UNITED STATES POR THE DISTRICT OP KENTUCKY. The court stated the case as follows: On the 9th of February, 1888, the governor of West Virginia, on behalf of that State, presented to the District Court of the United States for the District of Kentucky a petition, representing that during the month of' September, 1887, a requisition was made upon him as governor aforesaid, by the governor of Kentucky, for Plyant Mahon, alleged to have…

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■APPEAL- PROM THE CIRCUIT COURT OP THE' UNITED STATES POR THE DISTRICT OP KENTUCKY. The court stated the case as follows: On the 9th of February, 1888, the governor of West Virginia, on behalf of that State, presented to the District Court of the United States for the District of Kentucky a petition, representing that during the month of' September, 1887, a requisition was made upon him as governor aforesaid, by the governor of Kentucky, for Plyant Mahon, alleged to have committed murder in the latter State, and to have fled from its justice, and to be then at large in West Virginia; that…

1Opinion of the CourtJustice Field

The governor of West Yirginia, in his application on behalf of the State for the writ of habeas corpus to obtain the discharge of.Mahon and his return to that State, proceeded upon the theory that it was the duty of the United States to secure the inviolability of the territory of the State from the lawless invasion of persons from other States, and when parties had been forcibly taken from her territory and jurisdiction to afford the means of compelling their return; and that this obligation could be enforced by means of the writ of habeas corpus. as the court in discharging the party…

2Cases cited4 opinions

  1. Ker v. IllinoisSupreme Court of the United States · 1886
  2. Bank of Augusta v. EarleSupreme Court of the United States · 1839
  3. State v. RossSupreme Court of Iowa · 1866
  4. State v. BrewsterSupreme Court of Vermont · 1835

3Cited by161 opinions

  1. Frisbie v. CollinsSupreme Court of the United States · 1952
  2. Adams v. New YorkSupreme Court of the United States · 1904
  3. United States v. RosenbergCourt of Appeals for the Second Circuit · 1952
  4. State v. BondsWashington Supreme Court · 1982
  5. Pettibone v. NicholsSupreme Court of the United States · 1906

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