United States v. Scroggins
U.S. Circuit Court for the Northern District of Georgia
W. H. Smyth, a commissioner of this ■court, filed his petition, in which he represented that as such commissioner he had issued a warrant for the arrest of one Wesley Scroggins, directed to the United States marshal for the Northern district of Georgia; that this warrant was dated January 17, 1879, and on that day placed in the hands of the marshal for execution; that on February 10, 1879, he, the said commissioner, addressed an official letter to the marshal inquiring what…
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W. H. Smyth, a commissioner of this ■court, filed his petition, in which he represented that as such commissioner he had issued a warrant for the arrest of one Wesley Scroggins, directed to the United States marshal for the Northern district of Georgia; that this warrant was dated January 17, 1879, and on that day placed in the hands of the marshal for execution; that on February 10, 1879, he, the said commissioner, addressed an official letter to the marshal inquiring what disposition he had made of said warrant; that the marshal replied to said letter, and to other letters of the same…
1Opinion of the Court
WOODS, Circuit Judge.
1. There is no ground for the idea that a marshal can receive warrants, commanding him to arrest parties therein named, and make no return thereon. He is clearly bound to make return, either that he has arrested the party against whom the warrant was issued, or that the party could not be found in bis bailiwick, or give some other excuse for not making the arrest. The oath of office prescribed for the marshal requires him to “faithfully execute all lawful precepts directed to him under authority of the United States, and true returns make.” Such, also, is the course…
2Cited by4 opinions
- Ex parte PerkinsU.S. Circuit Court for the District of Indiana · 1887
- State v. LinnSupreme Court of Missouri · 1909
- United States v. EbbsDistrict Court, W.D. North Carolina · 1881
- United States v. EbbsDistrict Court, W.D. North Carolina · 1881