State ex rel. Stundahl v. Richardson
Supreme Court of Minnesota
Habeas corpus. The relator, having been arrested and detained under a warrant issued by the governor of the state, on the requisition of the governor of the territory of Dakota, applied to the district court for the county of Fillmore for a writ of habeas corpus, which was duly issued and served.
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Habeas corpus. The relator, having been arrested and detained under a warrant issued by the governor of the state, on the requisition of the governor of the territory of Dakota, applied to the district court for the county of Fillmore for a writ of habeas corpus, which was duly issued and served. Respondent appeals from an order by Farmer, J., discharging the relator, because of insufficiency of the warrant. cited Kingsbury's Case, 106 Mass. 223, 227 and note; Brown's Case, 112 Mass. 409; Davis’ Case, 122 Mass. 324; In re Hooper, 52 Wis. 699; Kentucky v. Dennison, 24 How. 66; State v.…
1Opinion of the CourtVanderburgh, J.
In order to give the executive of the state jurisdiction to issue his warrant for the surrender of an alleged fugitive from justice, upon the requisition of the governor of another state, three things are essential under the act of congress, (U. S. Rev. St. § 5278:) (1) He must be demanded by the executive of the state from which he fled; (2) a copy of an indictment found, or an affidavit made before a magistrate, charging him with having committed the crime specified; (3) such copy of the indictment or affidavit must accompany the requisition, and be certified as authentic by the executive…
2Cases cited8 opinions
- In re ClarkNew York Supreme Court · 1832
- Kingsbury's caseMassachusetts Supreme Judicial Court · 1870
- People Ex Rel. Jourdan v. DonohueNew York Court of Appeals · 1881
- Vanderburgh v. BassettSupreme Court of Minnesota · 1860
- Goenen v. SchroederSupreme Court of Minnesota · 1871
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3Cited by26 opinions
- Conley v. United StatesCourt of Appeals for the Eighth Circuit · 1932
- Harris v. StateSupreme Court of Alabama · 1951
- State Ex Rel. Duhn v. TahashSupreme Court of Minnesota · 1966
- State v. TowerySupreme Court of Alabama · 1904
- In Re HaganSupreme Court of Missouri · 1922
21 more not listed; retrieve them via the Exa API.