Holbrook v. Seagraves

U.S. Circuit Court for the District of Rhode Island

Holbrook v. Seagraves

12 F. Cas. 324, 1 Story 546

CourtU.S. Circuit Court for the District of Rhode Island

DecidedJune 15, 1841

StatusPublished

This text of 12 F. Cas. 324 (Holbrook v. Seagraves) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Holbrook v. Seagraves, 12 F. Cas. 324, 1 Story 546 (circtdri 1841).

Pincite

Opinion

STORY, Circuit Justice.

The case does not fall within the provisions of the statute of Rhode Island respecting the commitment of the principal to gaol by his bail; but it must be governed by the judiciary act of 1789, c. 20, § 12, and the doctrine of the common law applicable to bail. We shall, therefore, order the party into the custody of the marshal, to remain in gaol under his custody for thirty days, that the plaintiff may sue out an alias writ of execution, and charge him thereon, if he shall be so advised.

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STORY, Circuit Justice.

The case does not fall within the provisions of the statute of Rhode Island respecting the commitment of the principal to gaol by his bail; but it must be governed by the judiciary act of 1789, c. 20, § 12, and the doctrine of the common law applicable to bail. We shall, therefore, order the party into the custody of the marshal, to remain in gaol under his custody for thirty days, that the plaintiff may sue out an alias writ of execution, and charge him thereon, if he shall be so advised.

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Bluebook (online)

12 F. Cas. 324, 1 Story 546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holbrook-v-seagraves-circtdri-1841.