United States ex rel. Herbert v. Marshal of the District of Columbia

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

United States ex rel. Herbert v. Marshal of the District of Columbia

26 F. Cas. 1172, 2 Hayw. & H.D.C. 392

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

DecidedOctober 15, 1861

StatusPublished

This text of 26 F. Cas. 1172 (United States ex rel. Herbert v. Marshal of the District of Columbia) 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

United States ex rel. Herbert v. Marshal of the District of Columbia, 26 F. Cas. 1172, 2 Hayw. & H.D.C. 392 (circtddc 1861).

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Opinion

MERRICK, Circuit Judge,

sustained the position taken by the counsel, Mr. Morgan, and decided that the magistrate in these cases had precisely the same power, and no more, than they had in any other criminal charge, to wit, the power to examine into the charge, and to release the party charged, or, in his discretion, to hold the party to bail to appear at the criminal court, or, in default of bail, to commit the party to jail for trial at the criminal court. The judge ordered the marshal to take the petitioner before the magistrate by whom she was committed, to be then discharged by him, or to give bail for her appearance at the criminal court, should the magistrate, on a further examination, think the case required it.

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MERRICK, Circuit Judge,

sustained the position taken by the counsel, Mr. Morgan, and decided that the magistrate in these cases had precisely the same power, and no more, than they had in any other criminal charge, to wit, the power to examine into the charge, and to release the party charged, or, in his discretion, to hold the party to bail to appear at the criminal court, or, in default of bail, to commit the party to jail for trial at the criminal court. The judge ordered the marshal to take the petitioner before the magistrate by whom she was committed, to be then discharged by him, or to give bail for her appearance at the criminal court, should the magistrate, on a further examination, think the case required it.

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Bluebook (online)

26 F. Cas. 1172, 2 Hayw. & H.D.C. 392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-ex-rel-herbert-v-marshal-of-the-district-of-columbia-circtddc-1861.