Ex parte Ben

U.S. District Court

Decided April 10, 1809

U.S. District Court · decided 1809-04-10

[At law. Habeas corpus by the negro Ben for discharge from the custody of the marshal of the District of Columbia. Prisoner discharged.] 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, Chief Judge, and FITZHUGH, Circuit Judge,

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

¶3But at June term, 1809, the prisoner was brought up again by habeas corpus, and the court being full he was discharged, THE COURT (FITZHUGH, Circuit Judge, contra), being 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.