Henegar v. Spangler
Supreme Court of Georgia
Motion to discharge from custody, in Whitfield Superior Court. Decision by Judge Crook, April Term, 1859. The parties in this case were both citizens of the State of Tennessee, and each sued the other in the Superior Court of Whitfield County, in the State of Georgia, each requiring bail. Spangler was served and arrested by the Sheriff in the suit against him.
Read the full summary
Motion to discharge from custody, in Whitfield Superior Court. Decision by Judge Crook, April Term, 1859. The parties in this case were both citizens of the State of Tennessee, and each sued the other in the Superior Court of Whitfield County, in the State of Georgia, each requiring bail. Spangler was served and arrested by the Sheriff in the suit against him. Henegar was not arrested at the suit of Spangler against him, but upon his return to Georgia, and while attending this present Term of the Court, as a suitor in his case against Spangler, he was arrested by'virtue of the bail process,…
1Opinion of the Court
— Lumpkin J.
By the Court.
delivering the opinion.
The common law rule is recognized by the presiding Judge, that ordinarily the law exempts a party from arrest while going to, attending on, and returning from Court. But lie considered that the circumstances of this case were peculiar, and justified a departure from the usual practice. These litigants were citizens of Tennessee 5 they met in Georgia -, each sued out bail process against the other. Henegar succeeded in having Spangler arrested in vacation, and the Judge thought it but just that Spangler might have Henegar ■arrested during the…
2Cited by14 opinions
- Christian v. WilliamsSupreme Court of Missouri · 1892
- Mitchell v. Huron Circuit JudgeMichigan Supreme Court · 1884
- Wilson v. DonaldsonIndiana Supreme Court · 1889
- Hale v. WhartonU.S. Circuit Court for the District of Western Missouri · 1896
- Larned v. GriffinU.S. Circuit Court for the District of Massachusetts · 1882
9 more not listed; retrieve them via the Exa API.