United States Supreme Court Cases & Opinions

U.S. Supreme Court

Bryan v. Ker, 222 U.S. 107 (1911)

Bryan v. Ker

No. 3

Argued October 25, 26, 1911

Decided November 20, 1911

222 U.S. 107

Syllabus

Although a writ which the court has power to issue in a proper case may have been irregularly issued, the marshal is authorized and bound to act thereunder if it comes into his hands as an apparently valid writ.

Although the attempted delegation of authority may have been ineffectual to clothe the person signing a writ with power to do so, the marshal is protected in executing it if it is in the usual form and bears the seal of the court; such an irregularity can be cured by amendment substituting the signature of the person properly authorized.

If process in rem is apparently valid and it does not appear on the face thereof that the libel on which it is issued discloses only a personal action for damages, the marshal is protected in executing it.

A collector of the port cannot be held responsible for detention of a vessel because he places an inspector thereon with orders to detain her if she attempts to sail if, at the time, the vessel is validly in custody

Page 222 U. S. 108

of the marshal and the inspector is withdrawn before the possession of the marshal terminates.

163 F.2d 3 reversed.

The facts, which involve the validity of process of the district court and the power and duty of the marshal thereunder, are stated in the opinion.

Page 222 U. S. 110