State v. Adler
Supreme Court of Arkansas
Appeal from Independence Circuit Court. It was in the surety’s power to surrender his principal, and, having failed to do so, he is liable on the bond. 49 S. W. 349; 62 Ark. 505; 51 Am. Rep. 277; 35 Ark. 532; 25 Am. Rep. 524; 35 Am. Rep. 437; 4 Am.
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Appeal from Independence Circuit Court. It was in the surety’s power to surrender his principal, and, having failed to do so, he is liable on the bond. 49 S. W. 349; 62 Ark. 505; 51 Am. Rep. 277; 35 Ark. 532; 25 Am. Rep. 524; 35 Am. Rep. 437; 4 Am. Rep. 58; 16 Wall. 366. The habeas corpus act (Rev. St. U. S. §§ 751-766) gives the federal courts power to release a person only when the body of the petitioner can be brought before the judge and by the person actually having him under involuntary custody. Church, Habeas Corpus, § 87, p. 106; 169 U. S. 293, 294; 1 Am. & Eng. Ene. Law, 1067; 172 U.…
1Opinion of the CourtBunn, C. J.
This is a suit by the state against the defendant, Nathan Adler, surety on a forfeited bail bond. Adler made defense that while his principal in said bond, one A. M. Sehlierholz, was in his custody as such bail, and before the day set for the appearance of Sehlierholz, and his trial, by the justice of the peace before whom the charge against him was pending, he, the said Sehlierholz, was taken in custody by the United States marshal of the Eastern district of Arkansas, and taken from his (Adler’s) custody, under and by virtue of a writ of habeas corpus issued by the Hon. John A. Williams,…
2Cases cited6 opinions
- Ex Parte RoyallSupreme Court of the United States · 1886
- In Re NeagleSupreme Court of the United States · 1890
- Tennessee v. DavisSupreme Court of the United States · 1880
- Ohio v. ThomasSupreme Court of the United States · 1899
- Belding v. StateSupreme Court of Arkansas · 1869
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