Dillingham v. United States
U.S. Circuit Court for the District of Pennsylvania
This was a writ of error from the district court. [Case unreported.] It was an action of debt, brought there upon a recognisance entered into before an alderman of the city of Philadelphia, by James Jasper, and Samuel Dillingham, for the appearance of the former, before the said alderman, the morning afterwards, to answer. The words of the recognisance, as it appears upon oyer, are as follows: “July 22d, United States vs. Jasper. Ja.
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This was a writ of error from the district court. [Case unreported.] It was an action of debt, brought there upon a recognisance entered into before an alderman of the city of Philadelphia, by James Jasper, and Samuel Dillingham, for the appearance of the former, before the said alderman, the morning afterwards, to answer. The words of the recognisance, as it appears upon oyer, are as follows: “July 22d, United States vs. Jasper. Ja. Jasper and S. Dillingham, each tent in 300 dollars for the appearance of said Jasper before me, to-morrow morning at ten o’clock,' to answer the within charge,…
1Opinion of the Court
WASHINGTON, Circuit Justice,
delivered 1he opinion of the court.
Many objections have been stated to the judgment of the district court, of which two only will be noticed. It is contended, that an examining magistrate cannot take bail to appear before himself from day to day, and that if he can, still the recognisance must be in regular form,- and must be proceeded in as other recognisances are. But in this case, it is said a state magistrate could not take bail for the appearance of the party, either at the court to which the recognisance was to be returned, or before himself, for the purpose…
2Cited by5 opinions
- State v. LambertWest Virginia Supreme Court · 1898
- United States v. StevensUnited States Circuit Court · 1883
- Pearsall v. PhelpsSupreme Court of Alabama · 1842
- Commonwealth v. MillerSuperior Court of Pennsylvania · 1959
- State v. CrippenOhio Supreme Court · 1853