Kurtz v. State
Supreme Court of Florida
Writ of Error to the Circuit Court for Duval county. Michael Kurtz was arrested in the county of Duval on the 19th day of January, 1886, upon a warrant issued by a justice of the peace as a fugitive from justice from the State of New York. On January 20th a writ of habeas corpus was issued by his Honor James M. Baker to the sheriff of said county, commanding him to bring the said Michael Kurtz before said Judge on the 21st January.
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Writ of Error to the Circuit Court for Duval county. Michael Kurtz was arrested in the county of Duval on the 19th day of January, 1886, upon a warrant issued by a justice of the peace as a fugitive from justice from the State of New York. On January 20th a writ of habeas corpus was issued by his Honor James M. Baker to the sheriff of said county, commanding him to bring the said Michael Kurtz before said Judge on the 21st January. To this writ the sheriff made return that he held said Kurtz in custody by virtue of a warrant issued by one Marcy, a justice of the peace, January 19th, 1886,…
1Opinion of the Court
The Chief-Justice delivered the opinion of the court:
The first question brought to our attention is the constitutionality of the act of February 17th, 1881, entitled “An Act relating to the arrest of fugitives from justice from other States.” It is insisted by the counsel for plaintiff in error that this act is repugnant to the Constitution of the United States for the reason that it is legislation by a State on a subject matter that was exclusively delegated by the Constitution to Congress, and that Congress had legislated thereon. We find no support of this proposition in the adjudged…
2Cases cited4 opinions
- Prigg v. PennsylvaniaSupreme Court of the United States · 1842
- Ex Parte ReggelSupreme Court of the United States · 1885
- Robinson v. FlandersIndiana Supreme Court · 1867
- Commonwealth v. HallMassachusetts Supreme Judicial Court · 1857
3Cited by41 opinions
- Morse v. United StatesSupreme Court of the United States · 1925
- Chase v. State Ex Rel. BurchSupreme Court of Florida · 1927
- State Ex Rel. Cacciatore v. DrumbrightSupreme Court of Florida · 1934
- In Re TennerCalifornia Supreme Court · 1942
- State Ex Rel. Treseder v. RemannWashington Supreme Court · 1931
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