| United States. Supreme Court - 1886 - 1238 páginas
...'demanded is a fugitive from the justice of the state the executive authority of which makes the demand. The first of these prerequisites is a question of...papers, to judicial inquiry, on an application for a dis charge under a writ of habeas corpus. The second is a question of fact, •which the governor of... | |
| 1921 - 1162 páginas
...the executive authority of which makes the demand. The first * * * Is a question of law. * • • The second Is a question of fact, which the governor of the state * * * must decide upon such evidence as he may deem satisfactory. How far his decision may be reviewed... | |
| John Bassett Moore - 1891 - 758 páginas
...as authentic by the governor of the State making the demand." This prerequisite, the court said, " is a question of law, and is always open upon the...application for a discharge under a writ of habeas corpus." At the same time the court held that the question whether a corporation was a person capable of owning... | |
| Abraham Clark Freeman - 1892 - 1020 páginas
...And whether the alleged fugitive is so substantially charged with a crime is a question of law, which is always open, upon the face of the papers, to judicial inquiry, on an application for discharge under a writ of habeas corpus: Roberts v. Reilly, 116 US 95. We have before us the copy of... | |
| William Smithers Church - 1893 - 1080 páginas
...commission of a crime against the laws of the demanding state is a question of law; and it is always oj>eu upon the face of the papers to judicial inquiry, on an application for his discharge under such proceedings.8 It. is the indictment or affidavit, and not the issuing of a... | |
| Theodore William Dwight - 1894 - 940 páginas
...Court of the United States, which holds that a determination of the point whether a crime is charged is a question of law, and is always open upon the...application for a discharge under a writ of habeas corpus.s Surely a governor of a State cannot finally adjudicate a question of law. Moreover, principle... | |
| Edward Warren Hines, William Pope Duvall Bush, John Cleland Wells, Frank L. Wells, Findlay Ferguson Bush, Horace C. Brannin, William Cromwell, W. J. Chinn, Walter G. Chapman, R. G. Higdon, Thomas Robert McBeath - 1895 - 1026 páginas
...demand?" "The first of these prerequisites, say the court in the case supra (opinion by Justice Matthews), is a question of law, and is always open upon the face of the paper to judicial inquiry on an application for a discharge under a writ of habeas corpus. "The second... | |
| James Henry Deering - 1895 - 1114 páginas
...substantially charged with a crime in the state from which it is alleged he has fled is a question of law which is always open, upon the face of the papers, to judicial inquiry, upon an application for a writ of habeas corpus. (Ex parte Spears. 88 Cal. 640.) 21. The superior courts... | |
| Washington (State). Supreme Court - 1900 - 814 páginas
...demanded is a fugitive from justice of the state the executive authority of which makes the demand. The first of these prerequisites is a question of...habeas corpus. The second is a question of fact, which Opinion of the Court — DUNBAH, J. [21 Wash. the governor of the state upon whom the demand is made... | |
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