Potter v. Kingsbury
Supreme Court of Connecticut
writ of error. # , , This was an action of debt on bond against Patter, as one of the sureties of Leverelt Mansfield. The declaration stated, that on the 28th of September, 1807, Mansfield was arrested on the complaint of a grand juror, for forgery, and brought before Joseph Darlings Esq. a justice: of the peace, for examination.
Read the full summary
writ of error. # , , This was an action of debt on bond against Patter, as one of the sureties of Leverelt Mansfield. The declaration stated, that on the 28th of September, 1807, Mansfield was arrested on the complaint of a grand juror, for forgery, and brought before Joseph Darlings Esq. a justice: of the peace, for examination. Mansfield pleaded not guilty, and moved for an adjournment until the 3d of October then next, and offered bail for his appearance t ⅛.,,. time- The justice adjourned the examination J J accordingly, and ordered that Mansfield should become botind, as principal, in…
1Opinion of the Court
By the Court.
Though all our courts are created by statute, yet they necessarily possess certain incidental powers at common law. A justice of the peace, when holding a court of inquiry to determine whether there is sufficient cause to bind over to some higher court a person prosecuted for an offence not within his final jurisdiction, has the power to adjourn, for the purpose of enabling the public, or the prisoner, to obtain necessary witnesses. He has not the power to command a sheriff, or any other officer, to hold such prisoner until the time of the adjournment; but he may commit to gaol…
2Cited by8 opinions
- Commonwealth v. MaloneyMassachusetts Supreme Judicial Court · 1887
- United States v. HortonU.S. Circuit Court for the District of Eastern Missouri · 1873
- United States v. CaseU.S. Circuit Court for the District of Northern New York · 1871
- Douglass v. WickwireSupreme Court of Connecticut · 1849
- Town of New Haven v. RogersSupreme Court of Connecticut · 1864
3 more not listed; retrieve them via the Exa API.