STATE OF FLORIDA EX REL. JESSE LEVY,
v.
J. P. DAVIDSON, SHERIFF OF MANATEE COUNTY, FLORIDA

Fla. | 1931-11-17
103 Fla. 590 Florida Supreme Court (1931) Positive Treatment
Also reported at: 140 So. 326
Cited by 2 cases

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Synopsis

The Florida Supreme Court addressed a habeas corpus petition concerning Jesse Levy, who was sought as a fugitive from New York. The court ordered Levy remanded to custody under the Governor's executive warrant, as his Florida indictments had been dismissed.


Holding

Yes, Jesse Levy is remanded to the custody of the Sheriff of Manatee County to be held under the Governor's executive warrant for further proceedings according to law.


Key Quotes

“it appearing from the return that the Governor of the State of Florida, on November 16, 1931, did issue his executive warrant for the arrest of petitioner, Jesse Levy, as a fugitive from justice from the State of New York and did authorize his delivery -t'o William J. Enright, as agent of said State”

Establishes the basis for Levy's arrest and extradition.

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Facts & Procedural History

Jesse Levy was arrested as a fugitive from justice from New York, based on an executive warrant issued by the Governor of Florida. Prior to this, indi…

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Opinion of the Court
Per Curiam.

Per Curiam.

This cause coming on <t'o be heard upon the return of the Sheriff of Manatee County to the writ of habeas corpus heretofore granted herein, and it appearing from the return that the Governor of the State of Florida, on November 16, 1931, did issue his executive warrant for the arrest of petitioner, Jesse Levy, as a fugitive from justice from the State of New York and did authorize his delivery -t'o William J. Enright, as agent of said State, and it further appearing that all of the indictments heretofore pending against said Jesse Levy in the courts of the State of Florida, have been dismissed, thereby ending any further right to the custody of said Jesse Levy by authority of the State of Florida, it is therefore, upon consideration ordered and adjudged by the Court that the petitioner, Jesse Levy, be and he is hereby remanded to the custody of the Sheriff of Manatee County to be held under the executive warrant of the Governor for further proceedings according to law.

Petitioner remanded.

Whitfield, P.J., and Terrell and Davis, J.J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Lopez v. Duval M. Smith and May P. Smith, 145 So. 2d 509 (Fla. 2d DCA 1962)
    …ee deraigning title from patents issued under the original survey. See United States v. State Investment Co., 1924, 264 U.S. 206, 44 S.Ct. 289, 68 L.Ed. 639; Kelsey v. Lake Childs Co., 1927, 93 Fla. 743, 112 So. 887; Lake Childs Co. v. Kelsey, 1931, 103 Fla. 590, 137 So. 690; Cf. Title 43, Public Lands, section 772, U.S.C.A., page 85. However, who acquired what rights under the original survey is precisely the question before this court. We are here concerned, not with a claimant seeking to overturn rights…
  • …s surrounding the work of the surveyors. The claims of the United States to the various parcels of land involved were rejected. See also the Florida cases of Kelsey v. Lake Childs Co., 1927, 93 Fla. 743, 112 So. 887; Lake Childs Co. v. Kelsey, 1931, 103 Fla. 590, 137 So. 690; Bishop v. Johnson, Fla.App.1958, 100 So. 2d 817; Calder v. Hillsboro Land Company, Fla.App.1960, 122 So. 2d 445. Cases from other jurisdictions are Schultz v. Winther, 1960, 10 Wis.2d 1, 101 N.W. 2d 631; Anderson v. Trotter, 1931, 213…

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