Legal Opinion

Cabell v. Arnold

Texas Supreme Court

Decided October 26, 1893No. 42PublishedCited by 50 opinions

Error to Court of Civil Appeals for Second District, in an appeal from Palo Pinto County. Justice Stephens being disqualified, did not sit in the case in the Court of Civil Appeals.

1Opinion of the Court

STAYTON, Chief Justice.

W. L. Cabell, as United States marshal, held a valid warrant authorizing the arrest of H. D. Arnold on a charge: of felony under the laws of the United States.

That warrant was issued by a commissioner at Dallas, and delivered to Cabell, who remained in Dallas and retained the warrant, but by telegram . directed one of his deputies to go to Palo Pinto County and arrest Arnold and others named in the warrant.

The deputy and a special deputy made the arrest in Palo Pinto County, without any warrant being in their possession authorizing the arrest, and conveyed Arnold from…

2Cases cited3 opinions

  1. People v. McLeanMichigan Supreme Court · 1888
  2. Webb v. StateSupreme Court of New Jersey · 1889
  3. Adkins v. HolmesIndiana Supreme Court · 1850

3Cited by50 opinions

  1. White v. BarnesSupreme Court of Virginia · 1924
  2. Kimmell v. TiptonCourt of Appeals of Texas · 1940
  3. Wagley v. FambroughCourt of Appeals of Texas · 1942
  4. Welder v. StateCourt of Appeals of Texas · 1917
  5. Lang v. HarwoodCourt of Appeals of Texas · 1940

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