Wright v. Henkel
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. Whitaker Wright applied to the Circuit Court of the United States for the Southern District of New York for writs of habeas corpus and certiorari on March 20, 1903, by a petition which alleged: (L) That he was a citizen of the United States restrained of his liberty by the Marshal of the-United States for the Southern District of New York, by virtue of a warrant dated March 16, 1903,…
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. Whitaker Wright applied to the Circuit Court of the United States for the Southern District of New York for writs of habeas corpus and certiorari on March 20, 1903, by a petition which alleged: (L) That he was a citizen of the United States restrained of his liberty by the Marshal of the-United States for the Southern District of New York, by virtue of a warrant dated March 16, 1903, issued by Thomas Alexander,- “ United States Commissioner for the Southern District of New York, and commissioner duly…
1Opinion of the CourtChief Justice Fuller
The writ of habeas corpus cannot perform the office of a writ of error, but the court issuing the writ may inquire into the jurisdiction of the committing magistrate in extradition proceedings, Ornelas v. Ruiz, 161 U. S. 502; Terlinden v. Ames, 184 U. S. 270; and it was on the ground of want of jurisdiction that the writ was applied for in this instance before the commissioner bad entered upon the examination; as also on the ground that petitioner should have been admitted to bail.
The contention is that the complaint and warrant did not charge an extraditable offence within the meaning of the…
2Cases cited8 opinions
- Grin v. ShineSupreme Court of the United States · 1902
- Benson v. McMahonSupreme Court of the United States · 1888
- Terlinden v. AmesSupreme Court of the United States · 1902
- Tucker v. AlexandroffSupreme Court of the United States · 1902
- Ornelas v. RuizSupreme Court of the United States · 1896
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3Cited by192 opinions
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