Legal Opinion

Hardy v. United States

Court of Appeals for the Eighth Circuit

Decided December 2, 1895No. 602PublishedCited by 7 opinions

In Error to the United States Court in the Indian Territory. B. Hardy, the plaintiff in error, on June 13, 1893, became surety in a bail bond which was executed by Abram H. Kelly, as principal, to secure the personal appearance of said Kelly, before the United States court in the Indian Territory, at the next term thereof, “then and there to answer what might be objected against him.”

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In Error to the United States Court in the Indian Territory. B. Hardy, the plaintiff in error, on June 13, 1893, became surety in a bail bond which was executed by Abram H. Kelly, as principal, to secure the personal appearance of said Kelly, before the United States court in the Indian Territory, at the next term thereof, “then and there to answer what might be objected against him.” The bond was taken and approved by Moran Scott, a commissioner of the United States court in the Indian Territory. It recited, in substance, that the said Abram H. Kelly had been brought before said…

1Opinion of the CourtThayer, Circuit Judge

In the brief filed by counsel for the plaintiff in error, considerable space is devoted to the discussion of the question whether the indictment which was returned against the accused, and the information that was filed before the commissioner, charged an offense against the laws that were then in force in the Indian Territory. Some authorities have also been cited in support of the proposition that adultery and fornication are not crimes at common law, and that solicitation to commit fornication and adultery is not a crime, unless adultery and fornication are made crimes by statute in the…

2Cases cited8 opinions

  1. State v. PostonSupreme Court of Missouri · 1876
  2. Champlain v. . the PeopleNew York Court of Appeals · 1848
  3. United States v. EvansUnited States Circuit Court · 1880
  4. Commonwealth v. SkeggsCourt of Appeals of Kentucky · 1867
  5. Friedline v. StateIndiana Supreme Court · 1884

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3Cited by7 opinions

  1. United States v. MacKSupreme Court of the United States · 1935
  2. Southern Surety Co. of Des Moines v. United StatesCourt of Appeals for the Eighth Circuit · 1927
  3. United States v. DavenportDistrict Court, W.D. Texas · 1920
  4. United States v. GranerU.S. Circuit Court for the District of Eastern New York · 1907
  5. United States v. Manthei's BondsmenDistrict Court, D. Alaska · 1905

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