Nelson v. Cutter
U.S. Circuit Court for the District of Ohio
[T. Walker and W. M. Corry, for defendants [Cutter & Tyrrell], claimed a discharge on habeas corpus, on two grounds; First, because the affidavit did not state that the deponent was the authorized agent of plaintiffs [Nelson & Graydon]; and, secondly, because the affidavit was not positive, but only as to deponent’s opinion, information, and belief. [C. Fox and Howard, for plaintiffs, insisted that the court, on habeas corpus, could not go behind the capias, and try the…
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[T. Walker and W. M. Corry, for defendants [Cutter & Tyrrell], claimed a discharge on habeas corpus, on two grounds; First, because the affidavit did not state that the deponent was the authorized agent of plaintiffs [Nelson & Graydon]; and, secondly, because the affidavit was not positive, but only as to deponent’s opinion, information, and belief. [C. Fox and Howard, for plaintiffs, insisted that the court, on habeas corpus, could not go behind the capias, and try the sufficiency of the affidavit. But if this could be done, the present affidavit was sufficient. [Judge McLEAN held,…
1Opinion of the Court
McLEAN, Circuit Justice.
The defendants yvere arrested on a capias ad respondendum, founded upon the following affidavit: “The United States of America, District of Ohio. I, William A. Woodward, of the city and state of New York, being duly affirmed, depose and say, that Nelson & Graydon are merchants, residing in the city and state of New York, and that I am informed and verily believe, that the said Amos Cutter and Jacob Tyrrell, partners, trading and doing business under the firm of Cutter & Tyrrell, are citizens of the city of Cincinnati, in the state of Ohio, and that the said Cutter &…
2Cases cited1 opinion
- Lewis v. BrackenridgeIndiana Supreme Court · 1821
3Cited by7 opinions
- Ex parte RollinsSupreme Court of Virginia · 1885
- United States v. EldredgeUtah Supreme Court · 1887
- Blake's caseMassachusetts Supreme Judicial Court · 1871
- Ex parte DavisNebraska Supreme Court · 1885
- State v. MaloneTennessee Supreme Court · 1856
2 more not listed; retrieve them via the Exa API.