Collins v. Miller,
Annotate this Case
252 U.S. 364 (1920)
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U.S. Supreme Court
Collins v. Miller, 252 U.S. 364 (1920)
Collins v. Miller
Nos. 350, 351
Argued December 9, 1919
Decided March 29, 1920
252 U.S. 364
A judgment of the district court, in a habeas corpus proceeding wherein the construction of a treaty is drawn in question, is not appealable directly to this Court (Jud.Code, § 238) unless it is final. P. 252 U. S. 365.
It is the duty of this Court in every case in which its jurisdiction depends on the finality of the judgment under review to examine and determine that question whether raised by the parties or not. Id.
A judgment in habeas corpus dealing with the detention of the relator for foreign extradition on three charges, and denying relief as to one but assuming to order a further hearing by the commissioner as to the others has not the finality and completeness requisite for an appeal to this Court. Pp. 252 U. S. 368, 252 U. S. 370.
The proper party to appeal from a judgment in habeas corpus directing the marshal to release a person held for foreign extradition is the marshal, not the foreign consul upon whose complaint the extradition proceedings were begun. P. 252 U. S. 371.
The case is stated in the opinion.