Legal Opinion

In re Van Sciever

Nebraska Supreme Court

Decided November 20, 1894No. 7311PublishedCited by 20 opinions

Error from the district court of Lancaster county. Tried below before Tibbets, J. The opinion contains a statement of the case. The testimony taken before the magistrate in California, upon which the information is based, certified to by the governor of California as authentic, and by him made a part of his requisition, shows upon its face that the plaintiff in error has committed no crime, and that the complaint made can, at best, only be the subject of a civil suit.

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Error from the district court of Lancaster county. Tried below before Tibbets, J. The opinion contains a statement of the case. The testimony taken before the magistrate in California, upon which the information is based, certified to by the governor of California as authentic, and by him made a part of his requisition, shows upon its face that the plaintiff in error has committed no crime, and that the complaint made can, at best, only be the subject of a civil suit. (Van Mten v. State, 24 Neb., 734; Miller v. State, 16 Neb., 180.) The information upon which the requisition is founded, and…

1Opinion of the CourtHarrison, J.

On October 20, 1894, H. H. Markham, governor of the-state of California, issued a requisition, directed to the governor of this state, in which it was stated, in substance, that the plaintiff in error stands charged with the crime of embezzlement committed in the county of Los Angeles, state of California, and has fled from justice and taken refuge in the state of Nebraska, and requested and demanded that he be apprehended and delivered to a party named, to be conveyed to the state of California to be dealt with according to law. With the requisition were an affidavit, a copy of a complaint,…

2Cases cited6 opinions

  1. Roberts v. ReillySupreme Court of the United States · 1885
  2. In re WhiteNebraska Supreme Court · 1892
  3. In re GreenoughSupreme Court of Vermont · 1858
  4. Brown's CaseMassachusetts Supreme Judicial Court · 1873
  5. Atwood v. AtwaterNebraska Supreme Court · 1892

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3Cited by20 opinions

  1. Barranger v. BaumSupreme Court of Georgia · 1898
  2. Tail v. OlsonNebraska Supreme Court · 1944
  3. Bergman v. StateCourt of Criminal Appeals of Texas · 1910
  4. People Ex Rel. Lyman v. SmithIllinois Supreme Court · 1933
  5. Keller v. DavisNebraska Supreme Court · 1903

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