Treatise on the Right of Personal Liberty, and on the Writ of Habeas Corpus and the Practice Connected with It; With a View of the Law of Extradition of Fugitives Volume 3
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1858 edition. Excerpt: ...to enter the same at any time within twenty days, if they thought proper to do so. The court adjourned for the term on the same day. On the next day the plaintifis sued out of the Common Pleas of Bergen a capias ad respondendum, for a different cause of action, and delivered it to the sheriff. The prisoner being in custody of the sheriff at that time as well on criminal process as on the capias issued out of the Supreme Court, gave bail at the suit of the state and demanded his enlargement in pursuance of the order of the Supreme Court. The sheriff thereupon told him he was discharged out of custody at the suit of the plaintiffs on that writ, but that he must (and he according did without _liberating him at all) detain him in custody on the second writ, above mentioned. It also appeared that the Washington Banking Company, for which the plaintifis had since been appointed receivers, had sued out an attachment against the property of the defendant as a non-resident debtor, for the same debt or cause of action for which the suit in the Common Pleas had been brought by the receivers; which attachment suit was still pending. Afterwards, and while the prisoner was detained in custody on the second capias, to wit, on the '7th of March, the plaintifis filed a new afiidavit for bail in the Supreme Court for the same cause of action mentioned in the first afiidavit, and on the same day entered in the minutes a discontinuance of the original suit, but did not make the payment of costs a part of the rule, though they paid to the clerk of the court as taxed by him the defendant's costs. Whereupon the plaintiffs sued out of the Supreme Court on the next day, 8th March, and while the prisoner was in custody as aforesaid, delivered it to the...
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- 13 Sep 2013
- Illustrations, black and white