Parassel v. Gautier
U.S. Circuit Court for the District of Pennsylvania
A capias had issued in this suit, returnable to the present term; but previously to the return of the writ, there had been a hearing before Judge Peters, at his chambers, upon a citation to shew cause, why the defendant should not be discharged on common bail; the judge had ordered bail to be given; and the defendant had appealed from this order to the court.
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A capias had issued in this suit, returnable to the present term; but previously to the return of the writ, there had been a hearing before Judge Peters, at his chambers, upon a citation to shew cause, why the defendant should not be discharged on common bail; the judge had ordered bail to be given; and the defendant had appealed from this order to the court. The merits of the appeal were now discussed; and, independent of some circumstances relating to the origin of the debt (which the court said ought not to weigh upon a question of bail -) the material facts appeared to be these: An action…
1Opinion of the Court
PATTERSON, Circuit Justice.
The grounds of vexation in this case do not appear to me to be such as to justify the refusal of bail; and every case of this nature must be decided upon its own circumstances. I shall always, indeed, be a friend to the practice of holding to bail, wherever there is a probable cause of action. Here the cause of action is apparent; and though it may be liable to a reasonable controversy, or may be refuted upon a trial, we ought not to investigate the merits at this stage, further than to ascertain what probability there exists in support of the plaintiff’s claim. The…
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