Ewing v. United States
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Western District of Tennessee; John E. McCall, Judge. Scire facias by the United States against Caruthers Ewing and another. There was a judgment for plaintiff, and tire named defendant brings error. A scire facias, issued to tbe marshal of tbe Western district of Tennessee, was executed by him on Caruthers Ewing, plaintiff in error; tbe other defendant thereto, C. A. Bonds, was not found within tbe district.
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In Error to the District Court of the United States for the Western District of Tennessee; John E. McCall, Judge. Scire facias by the United States against Caruthers Ewing and another. There was a judgment for plaintiff, and tire named defendant brings error. A scire facias, issued to tbe marshal of tbe Western district of Tennessee, was executed by him on Caruthers Ewing, plaintiff in error; tbe other defendant thereto, C. A. Bonds, was not found within tbe district. So much of tbe writ as is important reads: “Whereas, on tbe fifth day of December, A. D. 1911, before E. J. Heidel, deputy…
1Opinion of the CourtHoeeister, District Judge
(after stating the facts as above). That a clerk or his deputy has no power to bail offenders, and that the power is judicial in nature, and cannot be delegated, are propositions not disputed in this case, and need no discussion, for the offender was.not bailed by the deputy clerk, but was bailed by the judge himself. If this conclusion is not correct, yet the surety is not in a -position to deny the propriety of the proceedings through which the offender was released from custody.
[1,2] The' claim that the bond and scire facias show the bail to have been taken by the deputy clerk cannot be…
2Cases cited32 opinions
- Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
- Lewis v. United StatesSupreme Court of the United States · 1892
- Taylor v. TaintorSupreme Court of the United States · 1873
- Nebraska v. IowaSupreme Court of the United States · 1892
- Reese v. United StatesSupreme Court of the United States · 1870
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3Cited by20 opinions
- Hewitt v. United StatesCourt of Appeals for the Eighth Circuit · 1940
- Johnston v. MarshCourt of Appeals for the Third Circuit · 1955
- Mapp v. RenoCourt of Appeals for the Second Circuit · 2001
- Mapp v. RenoCourt of Appeals for the Second Circuit · 2001
- Arnold R. Jago, Superintendent v. United States District Court, Northern District of Ohio, Eastern Division at Cleveland, and Harllel B. JonesCourt of Appeals for the Sixth Circuit · 1978
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