Ault v. Purcell

This is a consolidated appeal of three orders dismissing writs of habeas corpus and remanding the petitioners for extradition. Except as noted, the cases present identical issues.

The petitions allege in conclusory fashion that the extradition papers do not comply with statutory requirements, that the governor, as a non-judicial officer, cannot issue a constitutionally valid warrant, and that the petitioners are therefore wrongfully held. They do not deny the truth of the requisition or warrant. Nor do they allege that the petitioners are not the persons named in the warrant.

As to the…