United States v. French
U.S. Circuit Court for the District of New Hampshire
Information against the defendant [Jonathan French] for a misdemeanor, in loading merchandize in a sleigh, ■ with intent to export the same to Canada, contrary to Act .Tan. 9, 1809, c. 72 § 1; 9 Laws [Weight-man's Ed.] 185 [2 Stat. 506], At a former term the defendant had been arrested, and had recognised in court with sureties for his appearance to answer to the information. moved for a habeas corpus to the sheriff and gaoler of Grafton county, to bring up the body of the…
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Information against the defendant [Jonathan French] for a misdemeanor, in loading merchandize in a sleigh, ■ with intent to export the same to Canada, contrary to Act .Tan. 9, 1809, c. 72 § 1; 9 Laws [Weight-man's Ed.] 185 [2 Stat. 506], At a former term the defendant had been arrested, and had recognised in court with sureties for his appearance to answer to the information. moved for a habeas corpus to the sheriff and gaoler of Grafton county, to bring up the body of the defendant to surrender him in court in discharge of the bail, on an affidavit that the defendant was confined in the gaol…
1Opinion of the Court
BY THE COURT.
We have no authority in this ease to issue a habeas corpus. The authority given by Judicial Act 1789, c. 20. § 14 [1 Stat. 81], is confined to cases, where the party is in custody under color of process under the authority of the United States, or is committed for trial before some court of the United States, or is necessary to be brought into court to testify. It does not extend to cases where the process is from a state court, and the object is to surrender the party in discharge of bail.
The counsel for the bail then moved to *1218discharge the bail from their recognizance, on the…
2Cited by6 opinions
- Taylor v. TaintorSupreme Court of the United States · 1873
- In re FoxDistrict Court, N.D. California · 1892
- Ex parte MarrinDistrict Court, E.D. New York · 1908
- Bowling v. CommonwealthSupreme Court of Virginia · 1918
- Callahan v. United StatesCourt of Appeals for the Eighth Circuit · 1912
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