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BARTH V. CLISE, 79 U. S. 400 (1870)

U.S. Supreme Court

Barth v. Clise, 79 U.S. 12 Wall. 400 400 (1870)

Barth v. Clise

79 U.S. (12 Wall.) 400


1. When a sheriff, in obedience to a writ of habeas corpus, makes a proper return and brings his prisoner before the court which issued the writ, the safekeeping of the prisoner while he is before it is entirely under the control and direction of the court to which the return is made. The sheriff is accordingly not responsible for escape of the prisoner while thus in the custody of the court and before a remand or other order placing new duties on him.

Page 79 U. S. 401

2. Where the record shows that the case of a plaintiff is inherently and fatally defective, a judgment against him will not be reversed for instructions however erroneous.

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