Ex parte Milburn
Supreme Court of the United States
A RULE tó show cause why a habeas, corpus should not be awarded to bring up the body of George'' Milburn, in confinement in the jáil of the-county of Washington in the District of Columbia.
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A RULE tó show cause why a habeas, corpus should not be awarded to bring up the body of George'' Milburn, in confinement in the jáil of the-county of Washington in the District of Columbia. (a), The case, as stated in the opinion of / the court, was as follows; „ “ This is an application to the court by petition for a writ of habeas corpus to bring up the body> of George Milburn, now imprisoned in the jail of Washington county in the District of Columbia, upon a bench wafrant issued against him by .the circuit court of this district, to arrest him to answer to an in- ■ dictmeni now pending…
1Opinion of the Court
Mr Justice Story,
after stating the facts of the case, delivered the opinion cf the Court. .
The points principally relied on at the argument are, in the first place, that the party is not liable .to be arrested to answer the indictment, after having given a recognizance of bail; *710although the recognizance has been forfeited, and the party has not appeared and answered, and been tried on the indlament : in the next place, that the discharge upon the habeas corpus before Mr Chief Justice Cranch, is a bar to any subsequent arrest.
We are of opinion that neither of these grounds can, in point of…
2Cited by2 opinions
- Ex Parte George MilburnSupreme Court of the United States · 1835
- State v. FurgalSupreme Court of New Hampshire · 2010