Ex parte Lane
District Court, D. Michigan
This was a writ of habeas corpus and certiorari to review the proceedings had before Darius J. Davison, United States commissioner, with reference to the application of the Canadian authorities for the extradition of the petitioner, Oliver Lane. Under the writ of habeas corpus the marshal returned that he held the prisoner in custody by virtue of a mittimus from the commissioner to await the order of the secretary of state.
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This was a writ of habeas corpus and certiorari to review the proceedings had before Darius J. Davison, United States commissioner, with reference to the application of the Canadian authorities for the extradition of the petitioner, Oliver Lane. Under the writ of habeas corpus the marshal returned that he held the prisoner in custody by virtue of a mittimus from the commissioner to await the order of the secretary of state. To the certiorari the commissioner returned a record of the proceedings in the cause.
1Opinion of the Court
Brown, D. J.
Several objections were taken to the regularity of the proceedings before the commissioner, which I proceed to consider in their order.
1. That the complaint nowhere recites the appointment of the commissioner, nor that he is empowered under the laws of the United States to entertain complaints or issue warrants in extradition cases. The complaint purports to be made by Alexander B. Baxter, of Chatham, in the province of Ontario, “who, being duly sworn, saith, that on his best knowledge, information, and belief,” etc.; and purports to be sworn to before D. J. Davison, United States…
2Cases cited8 opinions
- The Apollon.Supreme Court of the United States · 1824
- Peyroux and Others v. HOWARD AND VARION.Supreme Court of the United States · 1833
- Washburn v. PeopleMichigan Supreme Court · 1862
- Proctor v. ProutMichigan Supreme Court · 1869
- In re FarezU.S. Circuit Court for the District of Southern New York · 1870
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3Cited by5 opinions
- United States v. McCunnDistrict Court, S.D. New York · 1930
- Ex parte SternamanDistrict Court, N.D. New York · 1896
- Lumley v. Wabash Ry. Co.U.S. Circuit Court for the District of Eastern Michigan · 1895
- United States v. Eighteen Cases of Tuna FishDistrict Court, W.D. Virginia · 1925
- Ex parte YordiDistrict Court, W.D. Texas · 1909