Ex parte Ben

U.S. Circuit Court for the District of District of Columbia

Ex parte Ben

3 F. Cas. 154, 1 Cranch 532, 1809 U.S. App. LEXIS 225

CourtU.S. Circuit Court for the District of District of Columbia

DecidedApril 10, 1809

StatusPublished

This text of 3 F. Cas. 154 (Ex parte Ben) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex parte Ben, 3 F. Cas. 154, 1 Cranch 532, 1809 U.S. App. LEXIS 225 (circtddc 1809).

Pincite

Opinion

THE COURT, then consisting of

CRANCH, Chief Judge, and FITZHUGH, Circuit Judge,

being divided in opinion, the prisoner was remanded.

But at June term, 1809, the prisoner was brought up again by habeas corpus, and the court being full he was discharged, THE COURT (FITZHUGH, Circuit Judge, contra), being of opinion that the writ of error could not be served so as to be a supersedeas, unless a copy thereof should be lodged in the clerk’s office for the adverse party within ten days after the judgment.

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THE COURT, then consisting of

CRANCH, Chief Judge, and FITZHUGH, Circuit Judge,

being divided in opinion, the prisoner was remanded.

But at June term, 1809, the prisoner was brought up again by habeas corpus, and the court being full he was discharged, THE COURT (FITZHUGH, Circuit Judge, contra), being of opinion that the writ of error could not be served so as to be a supersedeas, unless a copy thereof should be lodged in the clerk’s office for the adverse party within ten days after the judgment.

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Bluebook (online)

3 F. Cas. 154, 1 Cranch 532, 1809 U.S. App. LEXIS 225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-ben-circtddc-1809.