Holbrook v. Seagraves

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

Holbrook v. Seagraves

12 F. Cas. 324, 1 Story 546

U.S. Circuit Court for the District of Rhode Island·Decided June 15, 1841·Published

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.

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

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12 F. Cas. 324 (Holbrook v. Seagraves) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.