In re Herres
U.S. Circuit Court for the District of Minnesota
Petition for Writ of Habeas Corpus. On appeal from the district court. John Karl Horres, an alleged fugitive from justice of the province of Ontario, in the dominion of Canada, held in custody under extradition proceedings, applied for a writ of habeas corpus, upon the return of which in the United States district court of Minnesota, a decree was entered discharging the prisoner. See 32 Fed. Rep. 583. From this decree the case is brought to the circuit court.
1Opinion of the CourtBrewer, J.
I regret to say I am unable to agree with the views taken by the learned judge of the district court; and I will state briefly the views that I entertain, and the reasons therefor.
The first question is whether a preliminary mandate from the executive is essential to extradition proceedings. That question has never been decided by the supreme court. In the Case of Kaine, 14 How. 129, the question was before that court, and, of the seven judges, four expressed an opinion one way, and three the other. But that case went, off on some other question, and so there never has been a decision. Of…
2Cited by10 opinions
- Ex parte SternamanDistrict Court, N.D. New York · 1896
- In re GrinU.S. Circuit Court for the District of Northern California · 1901
- President of the United States ex rel. Caputo v. KellyCourt of Appeals for the Second Circuit · 1937
- In re OrpenU.S. Circuit Court for the District of Northern California · 1898
- Bagley v. StarwichCourt of Appeals for the Ninth Circuit · 1925
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