Ex parte Ben

Decided April 10, 1809

District of Columbia District Court · decided 1809-04-10

Habeas corpus ad subjiciendum. The mittimus returned, was in the following form, viz. “ District of Columbia. County of Washington, ss.

Decided 1809-04-10

¶1The Court, then consisting of

Cranch, C. J., and Fitzhugh, J.,

¶2being divided in opinion, the prisoner was remanded.

¶3 *533But at June term, 1809, the prisoner was brought up again by habeas corpus, and the Court being full he was discharged, the Court

(Fitzhugh, J., contra,)

¶4being of opinion that the writ of error could not be served so as to be a supersedeas, unless a copy thereof should be lodged in the clerk’s office for the adverse party within ten days after the judgment.