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4 Yeates 205

Clark v. Weldon

Supreme Court of Pennsylvania

Decided March 15, 1805

Supreme Court of Pennsylvania · decided 1805-03-15

<p>Motion to discharge the defendant on common bail.</p> <p>A capias in case had been issued to last term, when the present motion was made, on the ground of the defendant having been arrested for the same cause of action in Newcastle county, in the state of Delaware, to November term 1803, and having entered special bail there in the Supreme Court.</p> <p>now renewed his motion, stating his client to be resident in Newcastle county.</p> <p>All the cases on this head are arranged in Sellons Pract. 42, 43. 1 Tidd 36, 37. ‘ He produced the Delaware record.</p> <p>offered to discontinue the suit in the state of Delaware, and declared that orders had been actually given already for that purpose.</p>

Decided 1805-03-15

By the Court.

¶1One shall not he twice held to bail for the same cause of action, unless under very special circumstances. No grounds are here shewn which can justify the court in varying the general rule.

¶2The defendant was discharged on common bail.

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