Ex parte Barnes
District Court, D. Massachusetts
This was an application by the marshal to be allowed certain fees for bringing witnesses from jail. The point raised in the case will appear from the opinion of the court.
1Opinion of the Court
SPRAGUE, District Judge.
The question which has been argued by counsel, in the present case, is, whether a commissioner of the circuit court, has the power to issue a' writ of “habeas corpus,” to take from jail a person committed by authority of the United States, and bring him before the commissioner, for the purpose of giving his deposition before such commissioner, to be used in a cause pending in the district court. The first statute cited is that of 1812, [2 Stat.] c. 25, § 1, which authorizes the circuit court to appoint commissioners to take affidavits and bail. And the next is the…
2Cited by2 opinions
- Ex parte MarmadukeSupreme Court of Missouri · 1886
- Remington & Perkins v. PeckhamSupreme Court of Rhode Island · 1873