Legal Opinion

Bryant v. United States

Supreme Court of the United States

Decided May 10, 1897No. 779PublishedCited by 46 opinions

APPEAL FROM THE CIRCUIT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK. This was an appeal from a final order of the Circuit Court for the Southern District of New York, dismissing writs of habeas corpus and certiorari sued out by the appellant ■ to obtain his release from the custody of the marshal of that district, and the-warden of the jail of the. city and county of New York.

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APPEAL FROM THE CIRCUIT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK. This was an appeal from a final order of the Circuit Court for the Southern District of New York, dismissing writs of habeas corpus and certiorari sued out by the appellant ■ to obtain his release from the custody of the marshal of that district, and the-warden of the jail of the. city and county of New York. The proceedings were originally instituted by a complaint made before a commissioner of the Circuit Court, duly authorized to act in cases of extradition, by Her Britannic Majesty’s consul general at the city of New…

1Opinion of the CourtJustice Brown

The question before the commissioner in this case was whether, in the language of the treaty of 1842, article X, 8 Stat. 572, 576, there ,was “such evidence of criminality as, according to the- laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial if the crime or offence had been there committed.” In other words, whether, according to our laws, there was probable cause,to believe him guilty of the crimes charged. Rev. Stat. § 5270; Benson v. McMahon, 127 U. S. 457, 462. The question before us is even narrower .than…

2Cases cited3 opinions

  1. Benson v. McMahonSupreme Court of the United States · 1888
  2. Ornelas v. RuizSupreme Court of the United States · 1896
  3. In Re Luis Oteiza Y CortesSupreme Court of the United States · 1890

3Cited by46 opinions

  1. Sunal v. LargeSupreme Court of the United States · 1947
  2. Fernandez v. PhillipsSupreme Court of the United States · 1925
  3. Charlton v. KellySupreme Court of the United States · 1913
  4. Hyde v. ShineSupreme Court of the United States · 1905
  5. Samuel Shapiro v. Thomas E. Ferrandina, United States Marshal for the Southern District of New YorkCourt of Appeals for the Second Circuit · 1973

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