IASIGI V. VAN DE CARR, 166 U. S. 391 (1897)

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U.S. Supreme Court

Iasigi v. Van de Carr, 166 U.S. 391 (1897)

Iasigi v. Van de Carr

No. 746

Argued March 22, 1897

Decided April 5, 1897

166 U.S. 391


Iasigi, Consul General of Turkey in Boston, was arrested in New York, February 14, 1897, on a warrant issued by a magistrate of the latter city, to await the warrant of the Governor of New York on the requisition of the Governor of Massachusetts for his surrender as a fugitive from justice in that state, where he was charged with having committed the crime of embezzlement. On the 18th of February, he applied to the District Court of the United States for a writ of habeas corpus, on the chanrobles.com-red

Page 166 U. S. 392

ground that the proceedings before the city magistrate were without authority or jurisdiction, because of his consular office. The writ was issued, and a hearing had March 12. The district court dismissed the writ, and remanded the prisoner, from which judgment an appeal was taken. On the 19th of March, the State Department was informed that Iasigi had been removed from his consular office by the Turkish government on the 9th of that month. Held, that the order of the district court remanding him to custody was not erroneous.

Nishimura Ekiu v. United States, 142 U. S. 651, followed to the point that the object of a writ of habeas corpus is to ascertain whether the prisoner applying for it can be legally detained in custody, and if sufficient ground for his detention be shown, he is not to be discharged for defects in the original arrest or commitment.

The case is stated in the opinion.