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  • Open Daily: 10am - 10pm
    Alley-side Pickup: 10am - 7pm

    3038 Hennepin Ave Minneapolis, MN
    612-822-4611

Open Daily: 10am - 10pm | Alley-side Pickup: 10am - 7pm
3038 Hennepin Ave Minneapolis, MN
612-822-4611
A Treatise on Extradition and Interstate Rendition (Volume 1); With Appendices Containing the Treaties and Statutes Relating to Extradition the Trea

A Treatise on Extradition and Interstate Rendition (Volume 1); With Appendices Containing the Treaties and Statutes Relating to Extradition the Trea

Moore, John Bassett

Paperback

General Law

Currently unavailable to order

ISBN10: 1150648759
ISBN13: 9781150648755
Publisher: General Books
Pages: 328
Weight: 1.29
Height: 0.69 Width: 7.44 Depth: 9.69
Language: English
This historic book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1891. Not illustrated. Excerpt: ... dependency produced showed, which it did not, an offence which, if committed with the intent charged, would constitute an offence subject to extradition. In the case of Phipps,1 in 1882, before the Ontario Queen's Bench, Mr. Justice Armour intimated that if on a proceeding in habeas corpus, it should appear that evidence for the defendant had been improperly excluded, the court might remand him in order that such evidence might be received, although he had been committed for surrender. Mr. Justice Cameron expressed a contrary opinion. By his warrant of committal, he said, the examining magistrate was functus officio, and the court of Queen's Bench had no power except to say whether, on the facts before it, the applicant should be discharged or remanded for extradition. He referred to the opinion of Chief Justice Wilson in the case of Caldwell, 5 P. R. 217. The discussion of the point, however, had no practical result, since by the decision of a majority of the court the prisoner was remanded into custody to be surrendered. 447. Res judicata. -- The question of res judicata came up in Ontario in the case of Hall, in 1882. The prisoner, being committed on a charge of forgery, obtained a writ of habeas corpus, which was heard before Osier, J., who sustained the commitment, holding that the facts constituted forgery.2 Another writ was then obtained, returnable before the divisional court of the chancery division of the High Court of Justice, which unanimously held that the offence was forgery and ordered the prisoner's remand.8 On appeal from this judgment, the Court of Appeal were equally divided, which resulted in the prisoner being again remanded.4 Subsequently he obtained a third writ returnable before the Common Pleas, which, upon the facts abov...

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