Respublica v. Gaoler of Philadelphia
Supreme Court of Pennsylvania
On a habeas corpus ad subjiciendum returnable immediately the defendant returned that he had and detained the body of Henry Banks in his custody, by virtue of two several writs of mesne process, &c.
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On a habeas corpus ad subjiciendum returnable immediately the defendant returned that he had and detained the body of Henry Banks in his custody, by virtue of two several writs of mesne process, &c. On the hearing, the facts appeared as follow: A suit was commenced in Virginia, in the District Court of the United States, by William M‘Whan and David Campbell administrators of Patrick Carnes, against the said Henry Banks, on which David Eoss became special bail in the sum of 28,000 dollars on the 20th April 1797. Banks came into Pennsylvania, and on the 28th April 1797 was arrested on a capias…
1Opinion of the Court
By the court.
The passage cited from Vattel, applies merely to nations entirely independent on each other. The question is not now before us, whether if bail be entered in a foreign jurisdiction, the manucaptor there, can come into this state aud legally take the principal.
In the relation in which the several states composing the union, stand to each other, the bail in a suit entered in another state, have a right to seize and take the principal in a sister state, provided it does not interfere with the interests of other persons, who have arrested such principal. But where actions have been…
2Cited by8 opinions
- Taylor v. TaintorSupreme Court of the United States · 1873
- Turner v. WilsonIndiana Supreme Court · 1875
- Holsey v. TrevilloSupreme Court of Pennsylvania · 1837
- In re Von Der AheU.S. Circuit Court for the District of Western Pennsylvania · 1898
- Lund v. Seneca County Sheriff's DepartmentCourt of Appeals for the Sixth Circuit · 2000
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