Basset v. United States
Supreme Court of the United States
Error to the Circuit Court for the Northern District of Ohio. The United States sued Basset and another on a recognizance of bail, to which they pleaded two pleas: 1. That there was no record of any such recognizance in the court. 2. That there was no indictment, as recited in said recognizance, pending against their principal when the recognizance was entered into, because they say that he had pleaded guilty to the indictment, and judgment had passed against him, and he had…
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Error to the Circuit Court for the Northern District of Ohio. The United States sued Basset and another on a recognizance of bail, to which they pleaded two pleas: 1. That there was no record of any such recognizance in the court. 2. That there was no indictment, as recited in said recognizance, pending against their principal when the recognizance was entered into, because they say that he had pleaded guilty to the indictment, and judgment had passed against him, and he had been delivered to the jail of Erie County, and had entered upon the expiation of his sentence. The United States took…
1Opinion of the CourtJustice Miller
Both the pleas of the defendants were pleas of nul tiel record, the first denying the existence of the recognizance, and the second denying the pending of the indictment at the time the recognizance was taken. A plea of nul tiel record to a supposed record of the court in which the plea is made is tried by the court, because it is an issue to be determined by the inspection of its own records. But where the record of a foreign court is denied by this plea the issue is to be tried by a jury, because the existence of the record to be inspected must first be made by proof, which it may be…
2Cited by60 opinions
- Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
- United States v. BenzSupreme Court of the United States · 1931
- Insurance Co. v. BoonSupreme Court of the United States · 1877
- Commonwealth v. SilvermanSupreme Court of Pennsylvania · 1971
- Henderson v. Carbondale Coal & Coke Co.Supreme Court of the United States · 1891
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