Leary's Case
District Court, S.D. New York
Habeas corpus. The petitioner, John Leary, by his petition sworn to December 21, 1878, applied to the court for a writ of habeas corpus, averring that he was held in custody by the sheriff of the city and county of New York; that the pretense of his imprisonment was a warrant issued by the governor of New York, directing the sheriff to arrest said Leary and deliver him over to the custody of one Pinkerton to be taken to the State of Massachusetts upon a requisition of the…
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Habeas corpus. The petitioner, John Leary, by his petition sworn to December 21, 1878, applied to the court for a writ of habeas corpus, averring that he was held in custody by the sheriff of the city and county of New York; that the pretense of his imprisonment was a warrant issued by the governor of New York, directing the sheriff to arrest said Leary and deliver him over to the custody of one Pinkerton to be taken to the State of Massachusetts upon a requisition of the governor of Massachusetts to the governor of New York, charging him with the commission of a felony in the State of…
1Opinion of the CourtChoate, J.
[After stating the facts.]—The prisoner has shown that he has applied to the governor of New York for these papers or copies of them, and that the governor has declined to furnish them. He has also used due diligence to obtain copies of them from the governor of Massachusetts, but he has declined to furnish them. And the counsel for the prisoner has applied to the court for its aid by some compulsory process to obtain this evidence, and upon the case as it stands if these papers would when produced be competent evidence in his behalf and if the court has the power to compel their production,…
2Cases cited8 opinions
- Holmes v. JennisonSupreme Court of the United States · 1840
- People Ex Rel. Lawrence v. . BradyNew York Court of Appeals · 1874
- In re ClarkNew York Supreme Court · 1832
- Kingsbury's caseMassachusetts Supreme Judicial Court · 1870
- Ex parte SmithU.S. Circuit Court for the District of Illinois · 1843
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3Cited by12 opinions
- People Ex Rel. Hayes v. McLaughlinNew York Court of Appeals · 1928
- Ex parte JowellCourt of Criminal Appeals of Texas · 1920
- In re WhiteCourt of Appeals for the Second Circuit · 1893
- State ex rel. Grande v. BatesSupreme Court of Minnesota · 1907
- United States v. GreeneDistrict Court, S.D. New York · 1900
7 more not listed; retrieve them via the Exa API.