Hastings v. Osborne

SIMONS, Circuit Judge.

This cause is a sequel to Optner v. Bol-ger, 6 Cir., 95 F.2d 241, and the problem here, as there, is one of first impression.

Optner, as a trustee in bankruptcy for an Illinois corporation, recovered a judgment in the District Court against Charles S. Abbott, for fraud and deceit. He sued out a body execution under which Abbott was taken into custody by the United States marshal and lodged in the jail of Berrien County, Michigan, in the custody of the sheriff. Subsequently, Abbott furnished a jail limits bond under the provisions of § 14729 C.L. of 1929, and was allowed…