United States Supreme Court Cases & Opinions

U.S. Supreme Court

BORGER v. SEARLE, 2 U.S. 110 (1790)

June Term, 1790

On a Capias returnable to the present term, Lewis this day moved for a rule to shew the plaintiff's cause of action, and why the defendant should not be discharged on common bail; offering, at the same time, to file an agreement, that the question might be heard before a single judge at his chambers.

Bradford objected, that this being the last day of the term, the motion was out of season. He did not dispute the power of the Court; but he appealed to their discretion, whether it would not be unreasonable to suspend the cause for three months, by granting the rule at so late a period.

By the Court: The motion is certainly out of time. Before the return of the Capias, a question of bail may be brought

Page 2 U.S. 110, 111

before a single judge; but after the return, it must be decided on an application to the Court; which ought to be made, on the first day, or, at least, within a reasonable period, after the commencement of the term. The present motion cannot, therefore, be granted.

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