Cook v. Lowry

Upon being convicted of a crime a defendant made a motion for a new trial. Pending the motion he was permitted to give an appearance bond. The sheriff, at the request of his surety, rearrested him; and habeas-eorpus proceedings were instituted against the sheriff for his discharge. Upon the hearing the prisoner was remanded to the custody of the sheriff, the order providing that the defendant might be discharged upon giving a specified bond. No supersedeas was granted. Error was assigned upon that judgment; and while the case was pending in the Supreme Court the defendant gave the bond as…