Legal Opinion

Webb v. York

Court of Appeals for the Eighth Circuit

Decided March 1, 1897No. 796PublishedCited by 8 opinions

Appeal from an Order in Chambers made bj the District Judge of the United States for the District of Colorado. This was a petition by Emma (}. York for a writ of habeas corpus. The district judge discharged the petitioner from custody, and Elias H. Webb, as sheriff of Arapahoe county, Colo., and others, prosecuted this appeal.

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Appeal from an Order in Chambers made bj the District Judge of the United States for the District of Colorado. This was a petition by Emma (}. York for a writ of habeas corpus. The district judge discharged the petitioner from custody, and Elias H. Webb, as sheriff of Arapahoe county, Colo., and others, prosecuted this appeal. A motion to dismiss the appeal was denied in an opinion reported in 21 C. C. A. 65, 74 Fed. 753. Emma G. York, the appellee, being in the custody of Elias H. Webb, the sheriff of Arapahoe county, state of Colorado, applied by petition to the Honorable Moses Hallett,…

1Opinion of the CourtThayer, Circuit Judge

In Ex parte Reggel, 114 U. S. 642, 649, 5 Sup. Ct. 1148, it was said by Mr. Justice Harlan, in substance, that," in proceedings under sections 5278 and 5279 of the Revised Statutes of the United States, it is the duty of the executive, upon whom a demand is made for the arrest and return of a fugitive from justice, to comply with the requisition when it appears—First, that the demand is accompanied by a copy of tbe indictment or affidavit made before a magistrate, charging the accused with the commission of treason, felony, or other crime within the state from whence the requisition comes,…

2Cases cited14 opinions

  1. Roberts v. ReillySupreme Court of the United States · 1885
  2. Ex Parte ReggelSupreme Court of the United States · 1885
  3. People v. KingCalifornia Supreme Court · 1865
  4. Pearce v. TexasSupreme Court of the United States · 1894
  5. People v. TreadwellCalifornia Supreme Court · 1886

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3Cited by8 opinions

  1. MurphyMassachusetts Supreme Judicial Court · 1947
  2. Tiberg v. WarrenCourt of Appeals for the Ninth Circuit · 1911
  3. Lombardo v. TozerMissouri Court of Appeals · 1954
  4. Glass v. BeckerCourt of Appeals for the Ninth Circuit · 1928
  5. Harris v. MageeSupreme Court of Iowa · 1911

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