United States v. Case
U.S. Circuit Court for the District of Northern New York
[In error to the district court of the United States for the Northern district of New York.] This was an action, brought in the district court, by the United States, on a recognizance taken by a commissioner appointed by the circuit court, on the arrest and examination of a person charged with perjury, conditioned for the appearance of the accused before the commissioner on a future day, to-which the proceeding was adjourned, for his further examination.
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[In error to the district court of the United States for the Northern district of New York.] This was an action, brought in the district court, by the United States, on a recognizance taken by a commissioner appointed by the circuit court, on the arrest and examination of a person charged with perjury, conditioned for the appearance of the accused before the commissioner on a future day, to-which the proceeding was adjourned, for his further examination. The instructions given to the jury, on the trial of the action in the district court, were, in substance, that the plaintiffs were not…
1Concurrence
WOODRUFF. Circuit Judge.
I concur in the conclusion of the court below, that a commissioner has no authority to take bail for the appearance of a party accused, for examination before himself at a future day. It is unnecessary to repeat the reasoning contained in the opinion of the district judge *315upon that point. It may be conceded, that a commissioner, under the statutes of the United States in virtue of which he is appointed, has, in the matter of taking bail, the same power as a judge of the supreme, circuit, or district court, or a justice of the peace, and, therefore, the question is—has…
2Cases cited1 opinion
- Potter v. KingsburySupreme Court of Connecticut · 1809
3Cited by13 opinions
- United States v. DunbarCourt of Appeals for the Ninth Circuit · 1897
- United States v. KeiverU.S. Circuit Court for the District of Western Wisconsin · 1893
- United States v. SauerDistrict Court, W.D. Texas · 1896
- Ex parte PerkinsU.S. Circuit Court for the District of Indiana · 1887
- United States v. EldredgeUtah Supreme Court · 1887
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