Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 12

Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 12

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ...the appellee joins in error, or otherwise waives the objection." See cases there. cited. Following the decisions above referred to, we are compelled to hold that the learned circuit court erred in denying the motion of the appellant to dismiss the appeal. The judgment of the circuit court is reversed, and that;0urt is Vol. 12 S. D----2-5. directed to dismiss the appeal from' the justice's court to that COUPE. I '. In re TOD. 1. On the hearing of n writ of habeas corpus in behalf of a prisoner held by extradition warrant, the court may inquire Whethu-1'-an offense was charged, whether the prisoner was n. fdgitive from justice, and whether the purported warrant was in fact issued b-' the governor; and it is bound to do so when these questions are properly presented. 2. Vi/'here one sought lo he extradil ed for an offense involving fraud left the state where it was alleged to have been committed," not only wilh the lmowledge, but at the special request, of the parties alleged to have been defrauded, he is not a. fugitit-e' from justice, within the meaning of the federal constitution and the extra_.dition act. 3. The duty of examining extradition papers, passing on their validity. and issuing his warrant dev0l"es on the governor personally, and the power _ cannot be delegated. ' (Opinion filed January 18, 1900.l Appeal from circuit court, Lawrence county. Hon JOSEPH B. Moons. Judge. Application of Grant Heatly-Tod for a writ of habeas cor-pus. The application was denied, and the. prisoner remanded to custody, and from an order denying a new trial he appeals. Reversed. and his discharge ordered. The facts are stated in the opinion.-O. E. Davis. for appellant. The courts have authority upon lzabcas corpus...
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Product details

  • Paperback
  • 189 x 246 x 12mm | 399g
  • United States
  • English
  • black & white illustrations
  • 1236912926
  • 9781236912923