United States v. Manthei's Bondsmen
District Court, D. Alaska
This action was brought to recover the penalty of a statutory' undertaking or bail bond, conditioned for the appearance in the District Court of one Edward Manthei, charged before T. M. Reed, commissioner, with the crime of perjury. Manthei was admitted to bail by the commissioner on the 19th day of May, 1901. The bond was signed by the three defendants herein named and one E. T. Halloran.
Read the full summary
This action was brought to recover the penalty of a statutory' undertaking or bail bond, conditioned for the appearance in the District Court of one Edward Manthei, charged before T. M. Reed, commissioner, with the crime of perjury. Manthei was admitted to bail by the commissioner on the 19th day of May, 1901. The bond was signed by the three defendants herein named and one E. T. Halloran. The summons was served upon Brown, Taylor, and Mathews, and they have appeared to the action. The complaint recites the bond given in pursuance to the said order of the commissioner. The obligation of the…
1Opinion of the Court
MOORE, District Judge.
The first question calling for decision in this case is, should the action be dismissed because of the court’s former order in sutaining the demurrer to the indictment in the criminal prosecution for perjury against Edward Manthei, and resubmitting the case to the grand jury? This question is easy of solution, since the Criminal Code for Alaska in section 85 of Carter’s Code (page 58) furnishes a conclusive answer. That section is in these words:
*463“That if the court direct that the case be resubmitted, the defendant, if then in custody, must so remain, unless he be…
2Cases cited2 opinions
- Slicer Ex Rel. Slicer v. Bank of PittsburgSupreme Court of the United States · 1854
- Hardy v. United StatesCourt of Appeals for the Eighth Circuit · 1895
3Cited by5 opinions
- Jerrel v. StateCourt of Appeals of Alaska · 1993
- Zula Swanson v. United StatesCourt of Appeals for the Ninth Circuit · 1955
- Brodigan v. StateCourt of Appeals of Alaska · 2004
- Rebecca Christy and Samuel Christy v. Charles Conrad and Marcie ConradAlaska Supreme Court · 2023
- Teddy Kyle Smith v. State of AlaskaCourt of Appeals of Alaska · 2021