Legal Opinion

Ewing v. United States

Court of Appeals for the Sixth Circuit

Decided February 15, 1917No. 2887Published

In Error to the District Court of the United States for the Western District of Tennessee; John E. McCall, Judge. Scire facias by the United States against Caruthers Ewing and another. There was a judgment for plaintiff, and tire named defendant brings error. A scire facias, issued to tbe marshal of tbe Western district of Tennessee, was executed by him on Caruthers Ewing, plaintiff in error; tbe other defendant thereto, C. A. Bonds, was not found within tbe district.

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In Error to the District Court of the United States for the Western District of Tennessee; John E. McCall, Judge. Scire facias by the United States against Caruthers Ewing and another. There was a judgment for plaintiff, and tire named defendant brings error. A scire facias, issued to tbe marshal of tbe Western district of Tennessee, was executed by him on Caruthers Ewing, plaintiff in error; tbe other defendant thereto, C. A. Bonds, was not found within tbe district. So much of tbe writ as is important reads: “Whereas, on tbe fifth day of December, A. D. 1911, before E. J. Heidel, deputy…

1Opinion

On Petition for Rehearing.

The petition for rehearing filed in this case will be denied. The ultimate conclusions reached, as appear in the opinion heretofore filed, were that the offender was properly bailed by' the judge, in that the facts warranted the finding that the judge himself was advised of the nature of the offense, that he fixed the amount of the bond and approved the surety, and that in any event the surety is not in a position to deny that the offender was properly bailed. We think these conclusions are right.

We take the opportunity, however, of saying that it was not necessary…

2Cases cited2 opinions

  1. Hunt v. United StatesCourt of Appeals for the Eighth Circuit · 1894
  2. Hunt v. United StatesCourt of Appeals for the Eighth Circuit · 1894

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