Legal Opinion

Pettit v. Walshe

Supreme Court of the United States

Decided May 2, 1904No. 563PublishedCited by 37 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF INDIANA. The facts are stated in the opinion of the court. Upon this appeal, from a decision upon the application for-a writ of habeas corpus, this court has the power to review the decision below, upon the facts, as well as the- law.

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF INDIANA. The facts are stated in the opinion of the court. Upon this appeal, from a decision upon the application for-a writ of habeas corpus, this court has the power to review the decision below, upon the facts, as well as the- law. In re Neagle, 135 U. S. 142; Horner v. United States, 143 U. S. 570. An order of a district or circuit court of the United States, uppn an application for a -writ of habeas corpus, can be reviewed only by an appeal, and not by a writ of error. Rice v. Ames, 180 U. S. 371; Re Morrissey, 137 U.…

1Opinion of the CourtJustice Harlan

This is a case of extradition. It presents the question whether a Commissioner specially appointed by a court of the United States under and in execution of statutes enacted to give effect to treaty stipulations for the apprehension and delivery of offenders, can issue a warrant for the arrest of an alleged criminal which may be executed by a marshal of the United States, within his District, in a State other than the one in which the Commissioner has his office. It also presents the question whether a person, arrested under such a warrant, can be lawfully taken beyond the State, in which he…

2Cases cited3 opinions

  1. Wright v. HenkelSupreme Court of the United States · 1903
  2. Benson v. McMahonSupreme Court of the United States · 1888
  3. Spreckels Sugar Refining Co. v. McClainSupreme Court of the United States · 1904

3Cited by37 opinions

  1. Samuel Shapiro v. Thomas E. Ferrandina, United States Marshal for the Southern District of New YorkCourt of Appeals for the Second Circuit · 1973
  2. Glucksman v. HenkelSupreme Court of the United States · 1911
  3. Marcos Perez Jimenez v. Manuel Aristeguieta, Intervenor, and John E. MaguireCourt of Appeals for the Fifth Circuit · 1962
  4. In re MitchellDistrict Court, S.D. New York · 1909
  5. Josephine Greci v. John A. Birknes, Jr.Court of Appeals for the First Circuit · 1976

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