People Ex Rel. Jourdan v. Donohue
New York Court of Appeals
Error to the General Term of the Supreme Court, in the first judicial department, to review an order made December 12, 1880, affirming an order of Pión. Charles Donohue, justice of the Supreme Court, which dismissed a writ of habeas corpus issued on behalf "of James Jourdan, the relator, and remanded him to custody; which order was brought up for review at General Term by writ of certiorari ¡ the order appealed from dismissed said writ.
Read the full summary
Error to the General Term of the Supreme Court, in the first judicial department, to review an order made December 12, 1880, affirming an order of Pión. Charles Donohue, justice of the Supreme Court, which dismissed a writ of habeas corpus issued on behalf "of James Jourdan, the relator, and remanded him to custody; which order was brought up for review at General Term by writ of certiorari ¡ the order appealed from dismissed said writ. The relator was in the custody of an agent of the State of Connecticut, who made return to the writ of habeas corpus, in substance, that he detained the…
1Opinion of the CourtFinch, J.
The sufficiency of the Executive warrant to justify the detention of the prisoner is the sole question raised by the writ of habeas corpus, and presented on this appeal. The warrant alone is returned, and, of necessity, furnishes the only authority upon which the proceedings for extradition can rest. These proceedings, as between the several States of the Union, expressly commanded by the Federal Constitution, were regulated and given a practical operation by the act of 1793. (Const., art. 4, § 2; U. S. R. S., § 5278.) They provide for the surrender of persons “ charged with treason, felony,…
2Cases cited5 opinions
- People Ex Rel. Lawrence v. . BradyNew York Court of Appeals · 1874
- In re ClarkNew York Supreme Court · 1832
- The People Ex Rel. Draper v. . PinkertonNew York Court of Appeals · 1879
- American Insurance v. BryanNew York Supreme Court · 1841
- Atchinson v. SpencerNew York Supreme Court · 1832
3Cited by40 opinions
- Van Vechten v. American Eagle Fire InsuranceNew York Court of Appeals · 1925
- People Ex Rel. Corkran v. . HyattNew York Court of Appeals · 1902
- Harris v. StateSupreme Court of Alabama · 1951
- State ex rel. Brown v. StewartWisconsin Supreme Court · 1884
- United States v. Lee HuenDistrict Court, N.D. New York · 1902
35 more not listed; retrieve them via the Exa API.