Bobyshall v. Oppenheimer
U.S. Circuit Court for the District of Eastern Pennsylvania
[At law. Actions on a bail bond, by Boby-shall and Sower against Oppenheimer, and by the same as assignees of the marshal against Oppenheimer. For further proceedings, see Cases Nos. 1,590-1,592.) The first of these cases came on upon a rule to show cause why an exoneretur should not be entered upon the bail piece; and the second, to show cause why the writ should not be dismissed with costs.
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[At law. Actions on a bail bond, by Boby-shall and Sower against Oppenheimer, and by the same as assignees of the marshal against Oppenheimer. For further proceedings, see Cases Nos. 1,590-1,592.) The first of these cases came on upon a rule to show cause why an exoneretur should not be entered upon the bail piece; and the second, to show cause why the writ should not be dismissed with costs. The writ in the original suit issued in January last, and a bail bond to the marshal was executed in February by the parties mentioned in the second rule. Before the return day of the writ, the…
1Opinion of the Court
WASHINGTON, Circuit Justice.
The ground laid for the rule to enter an exoner-etur on the bail piece is of the first impression in this court, and has certainly never, to my recollection, received its sanction. In the cases cited from Peter’s Reports [supra] the person of the defendant having been discharged under an insolvent law of a state where the contract was made, and no new contract having been entered into, no objection existed why the defendant should not be permitted to appear on common bail, that being a matter resting in the discretion of the court. But after the assignment of the…
2Cases cited1 opinion
- Priestman v. KeyserSupreme Court of Pennsylvania · 1811