Legal Opinion

Dallemagne v. Moisan

Supreme Court of the United States

Decided March 13, 1905No. 104PublishedCited by 18 opinions

APPEAL PROM THE DISTRICT COURT OP THE UNITED STATES POR THE NORTHERN DISTRICT OP CALIFORNIA. This is an appeal on the part of the consul general of the Republic of France from the judgment of the District Court of the United'States for the Northern District of California, discharging the defendant Moisan -from imprisonment.

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APPEAL PROM THE DISTRICT COURT OP THE UNITED STATES POR THE NORTHERN DISTRICT OP CALIFORNIA. This is an appeal on the part of the consul general of the Republic of France from the judgment of the District Court of the United'States for the Northern District of California, discharging the defendant Moisan -from imprisonment. The proceeding arises on habeas corpus, to inquire into the validity of the detention of defendant in th’& city prison of San Francisco, in the State of California. -His application for the writ was .addressed to the District Court of the United States for the Northern…

1Opinion of the CourtJustice Peckham

This case involves the construction of certain language in the eighth article of the consular convention between the United States and France, concluded on the twenty-third day of February, 1853, and proclaimed by the President of the United States on the twelfth day of August, 1853, the whole convention being still in full force and effect. 10 Stat. 992, 996. The article is reproduced in the margin.

The first objection made by the defendant is to the validity of the requisition of the consul general, because it was directed to the chief of police of San Francisco, he being an officer of the…

2Cases cited3 opinions

  1. Robertson v. BaldwinSupreme Court of the United States · 1897
  2. Prigg v. PennsylvaniaSupreme Court of the United States · 1842
  3. Wildenhus's CaseSupreme Court of the United States · 1887

3Cited by18 opinions

  1. Klein v. City of LouisvilleCourt of Appeals of Kentucky (pre-1976) · 1928
  2. Commonwealth v. CraanMassachusetts Supreme Judicial Court · 2014
  3. Weber v. DoustWashington Supreme Court · 1915
  4. Harris v. Superior CourtCalifornia Court of Appeal · 1921
  5. Ex Parte PonziCourt of Criminal Appeals of Texas · 1926

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