Duncan v. Darst
Supreme Court of the United States
This case came up by writ of error from the Circuit Court of the United States for the eastern district of Pennsylvania.
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This case came up by writ of error from the Circuit Court of the United States for the eastern district of Pennsylvania. The facts in the case were not disputed, and were as follow: Isaac Darst; Henry Darst, and Jacob Darst, citizens of the state of Ohio, recovered a judgment in the Circuit Court of Pennsylvania, against one Jacob Roth, who was arrested on a capias ad satisfaciendum, and handed over for safe-keeping to Andrew Duncan, sheriff of the county of York.' This was on the 6th of December, 1832. On the next day, Roth applied to George Barnitz, an associate judge of the Court of Common…
1Opinion of the CourtJustice Catron
It appears from the record that in 1824 Darst and others recovered, in the Circuit Court of the United States for the eastern district of Pennsylvania, a judgment against Jacob Roth, for the sum of $5465.'
In November, 1832, a capias ad satisfaciendum was sued out against him, returnable to the April term, 1833, of the court. On the 6th of December, 1832, the marshal arrested Roth, and delivered him to Duncan, the sheriff and jailer of York county, for safe-keeping in the jail of that county, until discharged by due course of law. On the 7th of December, Duncan discharged him from custody, and…
2Cases cited2 opinions
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