Legal Opinion

Ex parte Van Orden

U.S. Circuit Court for the District of Southern New York

Decided May 1, 1854PublishedCited by 1 opinion

This was a motion for a writ of certiorari, to be issued to a commissioner appointed by this court, commanding him to return to this court the record or minutes of proceedings before him in this case, which was an application to the commissioner by the master of an apprentice residing in the state of New Jersey, for a warrant for the arrest of the apprentice as a fugitive from service or labor, with a view to his extradition.

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This was a motion for a writ of certiorari, to be issued to a commissioner appointed by this court, commanding him to return to this court the record or minutes of proceedings before him in this case, which was an application to the commissioner by the master of an apprentice residing in the state of New Jersey, for a warrant for the arrest of the apprentice as a fugitive from service or labor, with a view to his extradition. The commisisoner, on the hearing before him, decided that the acts of congress of February 12th, 1793, and September 18th, 1850 (1 Stat. 302, and 9 Stat. 402), in…

1Opinion of the Court

BETTS, District Judge.

The ground upon which this motion is rested by the counsel for the applicant is, that this court, being empowered by law to issue a writ of certiorari, can employ it to the same purpose and extent that courts of superior jurisdiction can at common law; and that, a commissioner appointed by this court being a judicial officer of inferior jurisdiction, it is within the province of the court, by means of a writ of certiorari, to call before it and rectify any error in his proceedings.

There, are two fundamental errors in this proposition;—First. A commissioner, in the…

2Cited by1 opinion

  1. State v. O'ConnerSupreme Judicial Court of Maine · 1862

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