Optner v. Bolger

SIMONS, Circuit Judge.

The precise problem here involved is one of first impression. It arises in an action against a United States marshal for an escape from the jail limits to which a judgment debtor in custody of the county sheriff upon a body execution issued out of the United States District Court had been privileged under bond in pursuance of state statute. Neither research of counsel nor that of the court discloses controlling or analogous precedents to govern decision in the unusual circumstances presented. .

The facts in respect to issues considered are not in controversy. The…