Poe v. Mounger
U.S. Circuit Court for the District of District of Columbia
Motion to amerce the marshal, the baiR named in the recognizance taken before justices of the peace, being alleged to be insufficient.
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Motion to amerce the marshal, the baiR named in the recognizance taken before justices of the peace, being alleged to be insufficient. The act of Maryland of April, 1715 (chapter 28, § 2), requires, that bail should be first given to the sheriff,, by the defendant for his appearance, that is,, by the usual bail-bond; and then, in order: to save the necessity of his going into court: to give bail to the action, he may enter into-recognizance out of court, in the manner pro-., vided for by the act; but by the fourth section, it is to have only the like force and effect as if the same were taken…
1Opinion of the Court
THE COURT
was of opinion, that the bail-pieces were not absolute, but open to objection as to the insufficiency of the bail, and that when objected to they were not to be received without the bail’s justifying. But THE COURT made an order that any affidavits made by the bail before a justice of the peace of Washington county, should be deemed as if taken in court. The bail-pieces not being received, the marshal was called and produced the defendant, who was committed.
2Cited by2 opinions
- State ex rel. Low v. TownsSupreme Court of Georgia · 1850
- Miles v. BradfordCourt of Appeals of Maryland · 1864