Reports of Cases Decided in the United States for the Fourth Circuit (Volume 2) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1877 Excerpt: ... Opinion of the court.. that she did execute that power in her lifetime, and conveyed the land in question to the Union Potomac Company, under whom the defendants claim title; and that by the will of her husband, and her deed executed under it, the defendants took the absolute right of property in the land, and hold the same in fee. The injunction heretofore granted will be dissolved, and the bill dismissed. John J. McKcnnan, Jackson & Small, and Brant, for complainant. J. D. Armstrong, Geo. H. Lee, and Johnson & Stephenson, for defendant. United States Circuit Court, District of North Carolina. In Re Bergen. Title ix.ch. i., subjections 149, 150, and l,"7of the Code of Civil Procedure of North Carolina, and the act of Congress of March 2d, 1867, conforming the proceedings of United States courts in cases of urrest on mesne process to those prescribed by law in the several States, construed together, and they were Held, not to authorize the arrest of a non-resident pnrty defendant on the mere affidnvit of plaintiff in, cases where the cause of action is for an injury to the person or character: authority for the arrest must be given by the judge, in whose discretion alone it lies to fix the amount of security to be required of the plaintiff, and the amount and character of defendant's bail. A judge of a United States court has no power or jurisdiction to authorize the arrest of a citizen for any breach of the peace or violation of the laws of a State. On habeas corpus. BOND, J.--It appears from the return of the marshal in this case, that he holds the prisoner, Bergen, in custody by virtue of three writs of capias ad rexpondendum, issued out of the Circuit Opinion of the court. Court of the United States for the district of North Carolina in trespass for ass...