Broome v. Hurst
Supreme Court of Pennsylvania
Mr. Ingersoll moved that the. defendant should be discharged from custody. He had attended this court as a suitor, in an ejectment brought by him against Christiana Somerville, and on the trial had suffered a nonsuit. On the morning following, he was taken by his special bail in this cause, as he was setting off in the stage, on his return to New York.
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Mr. Ingersoll moved that the. defendant should be discharged from custody. He had attended this court as a suitor, in an ejectment brought by him against Christiana Somerville, and on the trial had suffered a nonsuit. On the morning following, he was taken by his special bail in this cause, as he was setting off in the stage, on his return to New York. The Circuit Court of the United States for this district, had determined in this very case, at their last sessions in October 1804, upon a full consideration of all the authorities, that a suitor *while attending his cause in court, would not…
1Opinion of the Court
By the Court.
There is an evident marked distinction between the arrests of ministerial officers, and the acts of the bail in taking up the principal. It has been quaintly said, that the bail have their principal always upon a string, and may pull the string whenever they please, and render him in their own discharge. 6. Mod. 231.
Motion denied.
2Cited by2 opinions
- Commonwealth v. BrickettMassachusetts Supreme Judicial Court · 1829
- Day v. TownsendSupreme Court of Iowa · 1886