Page:United States Reports, Volume 2.djvu/336

 ggo Cases ruled and adjudged in the 1 79S· tors: PARASSBT ikdlll GAUTIEIS ' CAPIJS had i!!'ued in this fuit, returnable to the pre·· feni'l`erm; but previoully to the return of the writ, . ere had been a hearing before judge Psrns, at his chambers, upon a citation to lhew caufe, why the defendant lhould not he difcharged on common bail; the judge had ordered bail to be given ; and the defendant had appealed from this order to the Court. The merits of the appeal were now difcuiled ; and, in- dependent of fome eircumltances relating to the origin of the debt (which the Coun faid ought not to weigh upon a quclliou of bail') the material faéls appeared to be thefe :-An a£iion had been inltituted in the Supreme Court of Prmgfylmnia, be- tween thefame panics, for the fame caufe ; and on a hearing· before Chief juliice M*Kcnr, — the defendant was ordered to be difcharged on common bail. From that order the plaintiff did ` not appeal ; _but afterwards applied by motion to the Supreme Court, for arule upon the defendant ro enter fpecial bail. This the Court refufed 5 becaufe they would not take eognizanee of the fubjeét, but by way of appeal from the decilion of the Chief juliiceg and the proper time for making fuch an appeal had elapfed. Under thefe cireumilances, the plaintitfdifconti- uucdhis a&ion in the State Court, and brought the prcfcnt ac- tion here. It alfo, appeared, that the plaintiff (who was a Fo- reigner, ignorant of our laws} had not originally employed an attorneyto appear before Chief juiiice M*Kun, though the perfor: that then attended him, pretended to have a competent knowledge of legal proceedings. M. Lmy,_for the plaintiff, contended that' bail·ought to he given. Nothing {hort of a judgment, can be a perpetual bar in perfonal aéiions; and, therefore, thc certificate of a difcharge oh common bailhy the Chief jultice of Pznrjylrmnié, was not binding upon the Jud e of this Court, who had given a dihe- rent order. The perfon, character, and legal talents, of that Judge could not be taken into view. The ]ultices of the Courts of Common Pleas polI`e& a concurrent jurifdiélion, without poifelling • ' Parrnsou, frstice 1-If you nzalte it a quellion of fraud in the orignal contract, or in the allignment, the Court cannot enquire in- . to it, upon: quellion of bail. We cannot travel into the merits ' __' of the ccntroverfy: Icwould be, in elfect, apre-adjudication of the raufe. The principle that mult govern fuch preliminary invclliga. tions rellr here; if a reafonable caufe of action is [hewn, the de- fendant ought to beheld to bail.

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