Kelly v. Griffin
Supreme Court of the United States
APPEAL PROM THE DISTRICT COURT OP THE UNITED STATES POR THE NORTHERN DISTRICT OP ILLINOIS. The facts, which involve the validity of an order for extradition under the treaties with Great Britain, are stated in the opinion. The United States Commissioner did not have jurisdiction of the person of appellant. Appellant’s arrest and detention without warrant were unlawful. Rev. Stat., § 5270; Ex 'parte Cohen, 8 Can. Cr.
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APPEAL PROM THE DISTRICT COURT OP THE UNITED STATES POR THE NORTHERN DISTRICT OP ILLINOIS. The facts, which involve the validity of an order for extradition under the treaties with Great Britain, are stated in the opinion. The United States Commissioner did not have jurisdiction of the person of appellant. Appellant’s arrest and detention without warrant were unlawful. Rev. Stat., § 5270; Ex 'parte Cohen, 8 Can. Cr. Cas. 312; Re Dickey, Id. 318; State v. Shelton, 79 N. Car. 605, 607-608; Malcolmson v. Scott, 56 Michigan, 459; Scott v. Eldridge, 154 Massachusetts, 25; Harris v. Louisville &c.…
1Opinion of the Court
' Mr. Justice Holmes
delivered the opinion of the court.
The appellant was held for extradition to Canada and petitioned for and obtained a writ of habeas corpus. After a hearing upon the returns to the writ and to a writ of cer-tiorari issued to the Commissioner by whose warrant the petitioner was detained, the District Judge discharged the writ. An appeal was allowed and several objections have been pressed to the proceeding, which we will take up in turn.. The matter arises out of frauds in the construction of the new parliament buildings at Winnipeg, in which Kelly the contractor and a…
2Cases cited6 opinions
- Nishimura Ekiu v. United StatesSupreme Court of the United States · 1892
- Charlton v. KellySupreme Court of the United States · 1913
- Wright v. HenkelSupreme Court of the United States · 1903
- Pettibone v. NicholsSupreme Court of the United States · 1906
- Ornelas v. RuizSupreme Court of the United States · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Collins v. LoiselSupreme Court of the United States · 1922
- Factor v. LaubenheimerSupreme Court of the United States · 1933
- Samuel Shapiro v. Thomas E. Ferrandina, United States Marshal for the Southern District of New YorkCourt of Appeals for the Second Circuit · 1973
- Collins v. LoiselSupreme Court of the United States · 1923
- United States v. Zulquarnan KhanCourt of Appeals for the Ninth Circuit · 1993
33 more not listed; retrieve them via the Exa API.