Glucksman v. Henkel
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. THE,facts are stated in the opinion. A writ of habeas corpus cannot perform the functions of a writ of error; nevertheless this court will go behind the commitment to ascertain whether there was any legal evidence to give the Commissioner jurisdiction, since in tfie absence of some legal proof the Commissioner has no jurisdiction.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. THE,facts are stated in the opinion. A writ of habeas corpus cannot perform the functions of a writ of error; nevertheless this court will go behind the commitment to ascertain whether there was any legal evidence to give the Commissioner jurisdiction, since in tfie absence of some legal proof the Commissioner has no jurisdiction. Art. 1, Treaty with Russia; Terlinden v. Ames, 184 U. S. 541. The laws of the State where the fugitive is found arid not the acts of Congress are to govern in such cases.…
1Opinion of the CourtJustice Holmes
This is a proceeding by habeas corpus and certiorari to test the validity of a commitment of the appellant, Glucksman, for extradition to Russia. The Circuit Court dismissed the writs and remanded the prisoner, who thereupon appealed to this court. The complaint three times charges the forgery of the signature of one Tugendriach to bills of exchange for. one hundred roubles, and following each such charge alleges the fraudulent utterance of bills for the same sum to merchants named Bierenzweig, Traidenraich and Selinsky, and obtaining goods from them of that value. This last is alleged to…
2Cases cited5 opinions
- Wright v. HenkelSupreme Court of the United States · 1903
- Grin v. ShineSupreme Court of the United States · 1902
- Pierce v. CreecySupreme Court of the United States · 1908
- Rice v. AmesSupreme Court of the United States · 1901
- Pettit v. WalsheSupreme Court of the United States · 1904
3Cited by99 opinions
- Fernandez v. PhillipsSupreme Court of the United States · 1925
- Collins v. LoiselSupreme Court of the United States · 1922
- William Joseph Quinn v. Glen Robinson, United States Marshal for the Northern District of CaliforniaCourt of Appeals for the Ninth Circuit · 1986
- In Re Extradition of Curtis Andrew Howard. United States of America v. Curtis Andrew HowardCourt of Appeals for the First Circuit · 1993
- McNamara v. HenkelSupreme Court of the United States · 1913
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