State Ex Rel. v. Clough
Supreme Court of New Hampshire
Habeas Corpus. Trial before Stone, J., and case transferred from the April term, 1902, of tbe superior court. Tbe defendant, who is tbe sheriff of tbe county, states in bis return that he lias the custody of the relator under a warrant from the governor of this state, issued on the requisition of the governor of Massachusetts.
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Habeas Corpus. Trial before Stone, J., and case transferred from the April term, 1902, of tbe superior court. Tbe defendant, who is tbe sheriff of tbe county, states in bis return that he lias the custody of the relator under a warrant from the governor of this state, issued on the requisition of the governor of Massachusetts. The warrant recites that “ it has been represented to me by tbe acting governor of the commonwealth of Massachusetts that Martha S. Munsey stands charged with the crime of uttering forged wills, wbicli he certifies to be a crime under the laws of said commonwealth,…
1Opinion of the CourtWalker, J.
One question presented by the case is whether the record evidence submitted to the governor, upon the proceeding before him for the extradition of the relator, shows, as a matter of law, that he exceeded his authority in issuing the warrant for her arrest and removal to Massachusetts. How far his duty was discretionary, and to what extent he was obliged to comply with the demand for the surrender of the alleged fugitive from justice, are questions not necessarily material to the present inquiry. He has exercised whatever discretion he possesses, and lias complied with the demand. He has…
2Cases cited22 opinions
- Roberts v. ReillySupreme Court of the United States · 1885
- Commonwealth of Ky. v. DENNISON, GOVERNOR, &C.Supreme Court of the United States · 1861
- Ex Parte ReggelSupreme Court of the United States · 1885
- Lascelles v. GeorgiaSupreme Court of the United States · 1893
- People Ex Rel. Corkran v. . HyattNew York Court of Appeals · 1902
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3Cited by13 opinions
- In Re CooperCalifornia Supreme Court · 1960
- In Re HaganSupreme Court of Missouri · 1922
- Ex parte JowellCourt of Criminal Appeals of Texas · 1920
- State ex rel. Grande v. BatesSupreme Court of Minnesota · 1907
- State ex rel. Myers v. AllenSupreme Court of Florida · 1922
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