The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-09-29
Tts~ Bous ssu rf.sasaS 10 Gsey sosyns
SUPERIOR COURT srECIaL TERN.

Before Hon. Judge BoswJfth.
CALVIN IURsND VS.. SEo. ". HoLLIss-rRASsFsR
or THE SUIT To THE usIrED STATES ciscCif
COURT.
sITr 2S--The defendant being citizen Of me STATE
Of are and having teen ei 10 his court By the
pls ptd ciszen Of bs Safe the 9th Of september
'eed his appearance IN the action With the Ciers os
~ court and Ut TIE time filed with the Clerk
petition "a the 70 rbe Circuit G. urt OF TIE
Upfse 10 es FOR this District be petition Is nov pre-
bted TO tie court snd ssch security is offered - cou
plies nh tbe act II Congress Fhe Defendant
rested IN The 2s,h of august last unoer order
curing him to be held to poi He then executed
oer'akpg with two anreties such is required ~ Sls
G. do On the 2stn of August, the sheriff retur
the order Of to the plaintiffs alto rney with
iiacate cory Of The undertaking No no.ce ser7ei
II, Sheriff b tie plaintiffs attorney within ten days
Ii. reafier, that he nd rot scrept OF the bail
Bosworth, Ju tcs--tu'l compliance with the ar
Of Congress- gists the defendant absolute RICH.
have shis action removed TO- an tried Ia the Nrca
Court Of the bised states The pla Dtsi's COUNSEL
rsts that rbe defendant has not piei with IL
tie contrary, by executing Undertaking his
yeet with vho rot -xcepte 10, within "a
sno.ec by 1913 a the Code wnch Inc -xpfaf
feofs the petition Gied, has lost tie r,sat 70
move RE action He relies on redmond VS. Nu,seli
l. < l5s II held 10 that case hat detsni.' /,
~bo puts in s cis, bail must vt the TIM Of Ain. hail
also bs his p@tirion 10 remove tha cause, aua that
sub enty Oiled would be too a.e 1a,s Ess 81 he'll
The g-ound that fcg special bail vas IN ersug
appearance sccodcg to the practice OF the Conrt That
such btipg the effect II tbs act of putty bait the d.
f.ncsnt consequently then and by shat act ea.ere hi
within he meaning OF those words nss
In the of Congress and OF course h,nn9 TO thea
fe his petition, the rqp red 10 bs Smut
faLeous IL will re borne in mind. at fling scea's'
bail with the Clerk OF the cocrt was ia iega ELECT Al
court by which the defendant conceded that tn.
Court had fuu jurisdiction him No ap
formally actunty entereS in th's unit the
fling Of The petition, both Of which the On
Of ,p'ember TIE execution OF the No srasny req
site To procure his discharge from arrest notsn act
the defendant, done ell her In theory fact,
coult II II obyj1us that giving such undertaking
MT itself SnieriDg Appearance more than
giving the ond formerly tsken BY shsri
az defendant IN haepc action cnniii med that ths
defendant would appesr and put III bail entering
Appearance Pr S $40 6A It clearly could no.
required o. defendant To- file petition snultsne Dusty
with ting such nnds taking That would be i'm
prachcabls II the giving of that undertaking
tie Qth OF September For between those periods the
defensBIt took in the action, although the tim
for ting the tail had elapsed before The petit
was filed. Yet, so far 90 the papers before stare,
nothing then Appeared record the dies of she
Cers Of the Court, to show that bail had beeu put ia
In Suytsm Smith, Ieno Zoo the Court irker
that the terms "enteipg appearance, used IN the ac
Of Cor gresp not appropriate words Indicate the
putting in Of bail They simply moan that tbs iefea "a
shall by entering his Appearance that the ssta
Court has full urisdico him. In this aston tn
f'Ddarr haf cone act in court, did papsr
signed by him, or asy attorney retained by hiT, sp-
pear the files of the SQUIRT which the Code tn
rules made Ter it, declare TO be equivalent TO
pearaIee, actual aopearapee party's appearing
By he fling Of specs or common baii, has appli
ton procee ipgs under the Coda. OF the opipi
hat the defendant had not entered his appearance
within the meaning OF those words uaed In the
Congress. until it actually entered the 9th
sept mber The prayer of the petition is therefore
granted