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PASSALAQUA v. BIEHLER

46 N.J. Super. 63 (1957)

133 A.2d 667

SALVATORE PASSALAQUA, PLAINTIFF-APPELLANT, v. CHARLES W. BIEHLER, WARDEN, CAMDEN COUNTY JAIL, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 25, 1957.

Attorney(s) appearing for the Case

Mr. Joseph Tomaselli argued the cause for the plaintiff-appellant (Messrs. Malandra & Tomaselli, attorneys).

Mr. I.V. DiMartino, Assistant Prosecutor, argued the cause for the defendant-respondent (Mr. Mitchell H. Cohen, Camden County Prosecutor, attorney).

Before Judges HUGHES, PRICE and COOLAHAN.

The opinion of the court was delivered by HUGHES, J.S.C. (temporarily assigned).

This is an extradition case, and is properly before us by virtue of an appeal (N.J.S. 2A:67-36), taken by an alleged fugitive from justice in the custody of the warden of the Camden County Jail, from the action of the Camden County Court in discharging the writ of habeas corpus issued to such appellant in recognition of his statutory right to test the legality of...

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