Commonwealth v. Brickett
Massachusetts Supreme Judicial Court
Samuel Thompson of Medford was brought before the Court upon a writ of habeas corpus directed to Barnard Brickett. By the return it appeared, that a suit was brought in Vermont, before a justice of the peace, by William Brock against Thompson, in which Thompson was arrested and Brickett became his bail; that a judgment was rendered against Thompson ; and that Brickett took him at Medford for the purpose of removing him to Vermont, to deliver him up there in discharge of…
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Samuel Thompson of Medford was brought before the Court upon a writ of habeas corpus directed to Barnard Brickett. By the return it appeared, that a suit was brought in Vermont, before a justice of the peace, by William Brock against Thompson, in which Thompson was arrested and Brickett became his bail; that a judgment was rendered against Thompson ; and that Brickett took him at Medford for the purpose of removing him to Vermont, to deliver him up there in discharge of Brickett as bail. In Vermont, the person becoming bail in a civil action, indorses his name on the writ, and the officer…
1Opinion of the Court
Putnam J.
delivered the opinion of the Court. By the common law the bail has the custody of the principal, and may take him at any time, and in any place. 2 Highmore, 199, and the cases there cited. -The taking is not considered as the service of process, but as a continuation of the custody which had been, at the request of the principal, committed to the bail. The principal may therefore be taken on Sunday. The dwellinghouse is no longer the castle of the principal, in which he may place himself to keep off the bail. If the door should not be opened on demand at midnight, the bail may break…
2Cases cited3 opinions
- Pease v. BurtConnecticut Superior Court · 1806
- United States v. BishopSupreme Court of Pennsylvania · 1800
- Broome v. HurstSupreme Court of Pennsylvania · 1804
3Cited by7 opinions
- State v. MathisSupreme Court of North Carolina · 1998
- Herd v. StateCourt of Special Appeals of Maryland · 1999
- People v. OramColorado Court of Appeals · 2009
- Haggerty v. IannacciMassachusetts Superior Court · 1999
- People v. OramColorado Court of Appeals · 2009
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