Ex parte David Taylor

United States Supreme Court

55 U.S. 3

Ex parte David Taylor

THIS case came before the court upon the following motion and petition:--

Ex parte DAVID TAYLOR.

{Petition for a Mandamus to the Judges of the Circuit Court of the District of Columbia, for Washington County.

The above petitioner moves the honorable the Judges of the Supreme Court of the United States, for a rule on the Judges of the Circuit Court of the District of Columbia for Washington County, to show cause why a mandamus should not issue commanding them to admit the appearance of the petitioner to a suit in said court, by Thomas Ewing, Jr., against said petitioner; and the petitioner moves for the said rule on his petition, and the transcript therewith filed.

1. Because there is no legal cause of bail set forth in the proceedings in said suit, and by the refusal of the Circuit Court to allow his appearance to be entered to said suit, he is unlawfully detained in custody by the marshal of said district.

2. Because the act of Maryland, passed in 1715, c. 46, § 3, is in force in the county of Washington, and nowise repealed, and the petitioner was by virue of said act entitled to appear to said suit, on giving special bail in the sum of one hundred and thirty-three dollars thirty-three and a third cents. But the court refused to allow him so to appear, or to enter bail in said amount.

3. Because the petitioner has a legal right to appear without bail, or upon giving bail to the amount required by the act of 1715, c. 46, § 3, and thereby to be discharged from prison, and the said legal right does not depend on the discretion of the court, but is fixed and regulated by law, and there is other legal remedy for the petitioner in the premises.

ROBERT J. BRENT, for Petitioner.

Notes