People ex rel. Herbert v. Hoy

Appellate Division of the Supreme Court of New York

People ex rel. Herbert v. Hoy

281 A.D. 891, 120 N.Y.S.2d 246, 1953 N.Y. App. Div. LEXIS 3693

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 9, 1953

StatusPublished

This text of 281 A.D. 891 (People ex rel. Herbert v. Hoy) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Herbert v. Hoy, 281 A.D. 891, 120 N.Y.S.2d 246, 1953 N.Y. App. Div. LEXIS 3693 (N.Y. Ct. App. 1953).

Pincite

Opinion

In a habeas corpus proceeding, it is contended that the Governor’s warrant of arrest is void in that a requisition for extradition, issued by the Governor of California, does not comply with the Federal Extradition Act (U. S. Code, tit. 18, § 3182), particularly in that the affidavit made by the complaining witness, in support of an information charging grand theft, was not sworn to before a magistrate but before a deputy clerk of the court. After a hearing, the writ was dismissed and the relator remanded. Order affirmed, without costs. No opinion. Nolan, P. J., Carswell, Adel, Wenzel and Schmidt, JJ., concur.

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In a habeas corpus proceeding, it is contended that the Governor’s warrant of arrest is void in that a requisition for extradition, issued by the Governor of California, does not comply with the Federal Extradition Act (U. S. Code, tit. 18, § 3182), particularly in that the affidavit made by the complaining witness, in support of an information charging grand theft, was not sworn to before a magistrate but before a deputy clerk of the court. After a hearing, the writ was dismissed and the relator remanded. Order affirmed, without costs. No opinion. Nolan, P. J., Carswell, Adel, Wenzel and Schmidt, JJ., concur.

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Bluebook (online)

281 A.D. 891, 120 N.Y.S.2d 246, 1953 N.Y. App. Div. LEXIS 3693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-herbert-v-hoy-nyappdiv-1953.