Frishe v. Commonwealth

This writ of error seeks the reversal of a judgment rendered by the Court below, against Frederick Frishe, as surety for John Rodes in a recognizance acknowledged by them before the marshal of the Court, for the appearance of Rodes at the next succeeding, term of the Court, in answer to a charge of vagrancy, for which ho had been presented by a grand jury.

Among various objections urged in this Court against the judgment, there is, in our opinion, one, and only one, that is availing to the plaintiff in error; and that is, that the marshal had no legal authority to take the recognizance.

The…