Ex parte Burford
U.S. Circuit Court for the District of District of Columbia
Habeas corpus, ad subjiciendum. The return states a warrant, from a large number of justices, to bring before them the prisoner, to find sureties for his good behavior.
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Habeas corpus, ad subjiciendum. The return states a warrant, from a large number of justices, to bring before them the prisoner, to find sureties for his good behavior. The form is the same as that in 4 Burn, J. P. 250; and an order that he find surety in the sum of $4,000, and a mittimus for want of stirety, in the following form: “Alexandria County, ss. — The undersigned, justices of the United States, assigned to keep the peace, within the said county, to the marshal of the district, and all and singular the constables, and other officers of the said -county, greeting: — Forasmuch as we…
1Opinion of the Court
THE COURT refused to discharge the prisoner, but required surety, in one thousand dollars, for his good behavior for one year.
CRANCH, Chief Judge,
contra. The commitment is illegal, and is not aided by the warrant for arrest. ' That warrant is not referred to in the commitment; but if it can be brought in aid of the commitment, yet it ought to have stated the names of the persons on whose testimony it was granted, and the nature of the testimony, that this court may know what kind of ill-fame it was, and whether the justices have exercised their discretion properly. The question is, what…
2Cited by3 opinions
- United States v. TureaudU.S. Circuit Court for the District of Eastern Louisiana · 1884
- Salter v. StateCourt of Criminal Appeals of Oklahoma · 1909
- United States v. BaumertDistrict Court, N.D. New York · 1910