New York Ex Rel. Kopel v. Bingham
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF NEW YORK. The facts are stated in the opinion. Extradition between States, Territories' and countries subject to the jurisdiction of the United States depends solely on the provisions of. the Constitution of the.United States and the acts of Congress. There is no reserve power in the State to surrender a fugitive as a matter of favor or comity.
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ERROR TO THE SUPREME COURT OF THE STATE OF NEW YORK. The facts are stated in the opinion. Extradition between States, Territories' and countries subject to the jurisdiction of the United States depends solely on the provisions of. the Constitution of the.United States and the acts of Congress. There is no reserve power in the State to surrender a fugitive as a matter of favor or comity. Corkran v. Hyatt, 172 N. Y‘. 183; S. C., aff’d, 188 U. S. 691. This case does not come within any of the four provisions of law for extradition between Porto Rico and the State of New York. There are four…
1Opinion of the CourtChief Justice Fuller
September 11, 1906, Kopel was taken into custody by defendant in error Bingham, who is the police commissioner of the city of New York. The arrest was made in pursuance of a rendition warrant issued by the governor of the State of New York, which recited that Kopel was charged with having committed embezzlement in Porto Rico; that he had fled therefrom and taken refuge in New York, and that his return had been lawfully demanded by the governor of Porto Rico.
Kopel thereupon sued out a writ of habeas corpus from the Supreme Court of the State of New York. Bingham made return to the writ, and…
2Cases cited5 opinions
- Ex Parte ReggelSupreme Court of the United States · 1885
- Gonzales v. WilliamsSupreme Court of the United States · 1904
- In Re LaneSupreme Court of the United States · 1890
- People ex rel. Kopel v. BinghamNew York Court of Appeals · 1907
- People ex rel. Kopel v. BinghamAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by59 opinions
- Puerto Rico v. Shell Co. (PR), Ltd.Supreme Court of the United States · 1937
- Porto Rico v. Rosaly Y CastilloSupreme Court of the United States · 1913
- American Railroad Co. of Porto Rico v. DidricksenSupreme Court of the United States · 1913
- Puerto Rico v. BranstadSupreme Court of the United States · 1987
- Mary Jane WILSON, Plaintiff-Appellee, v. Thomas David MARCHINGTON; Inland Empire Shows, Inc., Defendants-AppellantsCourt of Appeals for the Ninth Circuit · 1997
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