Legal Opinion

The People Ex Rel. Draper v. . Pinkerton

New York Court of Appeals

Decided May 20, 1879PublishedCited by 17 opinions

Appeal from order of the General Term of the Supreme Court, in the second judicial department, affirming an order of Special Term which dismissed a writ of habeas corpus, and remanding the relator to custody. (Reported below, 17 Hun, 199.) The return to the writ of habeas corpus stated that the relator was held by virtue of a warrant under the hand and seal of the governor of the State of New York, a copy- of which was annexed and made part of the return.

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Appeal from order of the General Term of the Supreme Court, in the second judicial department, affirming an order of Special Term which dismissed a writ of habeas corpus, and remanding the relator to custody. (Reported below, 17 Hun, 199.) The return to the writ of habeas corpus stated that the relator was held by virtue of a warrant under the hand and seal of the governor of the State of New York, a copy- of which was annexed and made part of the return. The body of the warrant is as follows : “ Whereas, It has been represented to me by the governor of the State of Massachusetts, that John…

1Opinion of the Court

Per Ouriam.

The only material question which seems to be presented in this case is whether a warrant of the governor of this State for the arrest of a fugitive from the justice of another State containing the recital of facts necessary to confer authority under the Constitution and laws of the United States, is a sufficient justification for holding the prisoner when brought up on habeas corpus, without producing the papers or evidence upon which the governor acted. We have no doubt but that the recitals are to be taken as prima facie, at least, true, and that the return setting forth the…

2Cases cited1 opinion

  1. People Ex Rel. Lawrence v. . BradyNew York Court of Appeals · 1874

3Cited by17 opinions

  1. People Ex Rel. Corkran v. . HyattNew York Court of Appeals · 1902
  2. People Ex Rel. Jourdan v. DonohueNew York Court of Appeals · 1881
  3. State ex rel. Arnold v. JustusSupreme Court of Minnesota · 1901
  4. People ex rel. Samet v. KennedyAppellate Division of the Supreme Court of the State of New York · 1955
  5. Taylor v. WiseSupreme Court of Iowa · 1910

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