People ex rel. Higley v. Millspaw

(This opinion was prepared by the late Justice Rhodes. It reflects the sentiment of the court.) Upon the requisition of the Governor of Maryland, the Governor of New York granted an extradition warrant for the arrest of relator, and he was taken into custody thereunder by the sheriff of Schoharie county. Thereupon relator obtained a writ of habeas corpus and after a hearing he was discharged from custody by the order now appealed from. _

*41Amotion to dismiss the appeal on the ground, among other things, that the People and the sheriff are not parties aggrieved, entitling them to appeal, was…