Legal Opinion

People ex rel. Gottschalk v. Brown

Appellate Division of the Supreme Court of the State of New York

Decided December 5, 1923PublishedCited by 2 opinions

1Opinion of the Court

Davis, J.:

John Gottschalk was taken into custody October 3, 1923, by the sheriff of Chautauqua county under an executive warrant issued by the Governor of this State on a requisition from the Governor of the State of Ohio. A writ of habeas corpus granted on his petition was, after a hearing, dismissed.

The facts are not in dispute. The relator was married in 1910 and three children were born of the marriage. In October, 1922, a decree of divorce was granted to his wife in Ohio. This decree evidently confirmed an arrangement made between the parties that the wife should have custody of two of…

2Cases cited8 opinions

  1. Roberts v. ReillySupreme Court of the United States · 1885
  2. Strassheim v. DailySupreme Court of the United States · 1911
  3. Hyatt v. People Ex Rel. CorkranSupreme Court of the United States · 1903
  4. Appleyard v. MassachusettsSupreme Court of the United States · 1906
  5. Illinois Ex Rel. McNichols v. PeaseSupreme Court of the United States · 1907

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3Cited by2 opinions

  1. Ex Parte GeorgeCourt of Criminal Appeals of Oklahoma · 1937
  2. Ex Parte HeathMontana Supreme Court · 1930

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