Jones v. Leonard
Supreme Court of Iowa
Appeal from an Order made by Hon. D. O. Richman, Judge of the Circuit Cou/rt of Scott County. The plaintiffs were indicted, in the State of Massachusetts, for the crime of “cheating, by false pretenses, with intent to defraud.” On the requisition of the Governor of said State the Governor of Iowa issued a warrant for the arrest of plaintiffs, and their delivery to an agent appointed by the Governor of Massachusetts, for the purpose of taking them to the last named State.
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Appeal from an Order made by Hon. D. O. Richman, Judge of the Circuit Cou/rt of Scott County. The plaintiffs were indicted, in the State of Massachusetts, for the crime of “cheating, by false pretenses, with intent to defraud.” On the requisition of the Governor of said State the Governor of Iowa issued a warrant for the arrest of plaintiffs, and their delivery to an agent appointed by the Governor of Massachusetts, for the purpose of taking them to the last named State. The defendant, as sheriff, made the arrest, and, while in his custody, the plaintiffs applied for and obtained a writ of…
1Opinion of the Court
Seevers, T.
i. BXTKADiSon: evidence, The learned judge of the Circuit Court discharged the plaintiffs from custody, as we infer, on two grounds: First, that the plaintiffs were not in fact fugitives from justice, for the reason that they had never fled; and, second, the evidence accompanying the requisition failed to show they were such; and appellees mainly, if not entirely, rely thereon for an affirmance. It is not claimed the plaintiffs were ever even temporarily residents of the State of Massachusetts. At the time the alleged crime was committed they were citizens of and residents of this…
2Cases cited2 opinions
- Ex parte SmithU.S. Circuit Court for the District of Illinois · 1843
- In re ManchesterCalifornia Supreme Court · 1855
3Cited by19 opinions
- Hyatt v. People Ex Rel. CorkranSupreme Court of the United States · 1903
- People Ex Rel. Corkran v. . HyattNew York Court of Appeals · 1902
- Ex parte StateSupreme Court of Alabama · 1883
- In re CookU.S. Circuit Court for the District of Eastern Wisconsin · 1892
- Taft v. LordSupreme Court of Connecticut · 1918
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