Ex parte Lafonta
Supreme Court of Louisiana
Appeal from the District Court of the First District, Buchanan, J. The judgment of the District Court is erroneous. The principal is considered to be always in the custody of his bail, who may surrender him when they please. 8 Pick. 138. 5 Espinasse, 172. 17 Mass. 169. 2 Comyn, 46, note f. No. 13, No. 18, p. 50. 7 Johns. 144. 2 Mart. 57. The principal may be arrested by the agent of the bail. 1 Moore’s Index, 120. 2 Wheeler, 108, No. 2. 1 Johns.
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Appeal from the District Court of the First District, Buchanan, J. The judgment of the District Court is erroneous. The principal is considered to be always in the custody of his bail, who may surrender him when they please. 8 Pick. 138. 5 Espinasse, 172. 17 Mass. 169. 2 Comyn, 46, note f. No. 13, No. 18, p. 50. 7 Johns. 144. 2 Mart. 57. The principal may be arrested by the agent of the bail. 1 Moore’s Index, 120. 2 Wheeler, 108, No. 2. 1 Johns. Cases, 413. 7 Johns. 144. Code Pract., arts. 233, 234. The principal cannot deprive his bail of the right of surrendering him, by placing the latter…
1Opinion of the CourtMartin, J.
Brace and Hayes are appellants from a judgment which discharges Lafonta on a writ of habeas corpus, from their custody, as his bail in a suit brought against him in the State of *496Massachusetts, where he was arrested by a writ of capias ad re-spondendum, and obtained his liberty by the execution of a bail bond in which the appellants joined him ; almost immediately afterwards, Lafonta came to New Orleans, where they obtained, on the production of the bail .piece, from the Commercial Court of this city, an order to the sheriff to arrest him and deliver him to them, in order that they might be…
2Cases cited3 opinions
- Parsons v. BarnardNew York Supreme Court · 1810
- Hinkley v. MareanU.S. Circuit Court for the District of Massachusetts · 1822
- Henderson v. LyndSupreme Court of Louisiana · 1811
3Cited by4 opinions
- Norris v. HarrisCalifornia Supreme Court · 1860
- McFarland v. JohnsonTexas Supreme Court · 1863
- Continental Supply Co. v. Fisher Oil Co.Supreme Court of Louisiana · 1922
- McFarland v. JohnsonTexas Supreme Court · 1863