 In this case it is admitted that the plaintiff in error has escaped, and is not within the control of the court below, either actually, by being in custody, or constructively, by being out on bail. If we affirm the judgment, he is not likely to appear...  Reports of Cases Argued and Determined in the Supreme Court of Judicature of ... - Page 66by Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1884Full view - About this book
 | 1880 - 554 pages
...of the court below, either actually, by being in custody, or constructively, by being out on bail. . If we affirm the judgment, he is not likely to appear...it, and order a new trial, he will appear or not, as ho may consider most for his interest. Under such circumstances, we are not inclined to hear and decide... | |
 | 1877 - 558 pages
...of the court below, either actually, by being in custody, or constructively, by beiug out ou (bail. If we affirm the judgment, he is not likely to appear to submit to hie eeuteiice. If we reverse it and order a new trial, he will appear or not as he may consider most... | |
 | 1880 - 556 pages
...of the court below, either actually, by being in custody, or constructively, by being out ou bail. If we affirm the judgment, he is not likely to appear...sentence; if we reverse it, and order a new trial, ho will appear or not, as ho may consider most for bis interest. Under such circumstances, we are not... | |
 | Isaac Grant Thompson - 1881 - 968 pages
...control of the court below, either actually by being in custody, or constructively, by being out on bail. If we affirm the judgment, he is not likely to appear...circumstances, we are not inclined to hear and decide what may be a moot case." 94 US 97. People v. Kedinger anew trial. It appeared that the defendant was absent.... | |
 | 1884 - 762 pages
...the court below, either actually, by being in custody, or constructively, by being out on baiL If 9 we affirm the judgment, he is not likely to appear...and decide what may prove to be only a moot case. This cause was docketed here December 29, 1870. In. due time a brief was filed on behalf of the plaintiff... | |
 | Isaac Grant Thompson - 1885 - 912 pages
...party had escaped. It was said by Chief Justice WAITE, speaking for the United States Supreme Court: " If we affirm the judgment, he is not likely to appear...are not inclined to hear and decide what may prove only to be a moot case." The same view is taken in McGowan v. People, 104 111. 100; s. C., 44 Am. Rep.... | |
 | 1917 - 1322 pages
...of the court below, either actually, by being in custody, or constructively, by being out on bail. If we affirm the judgment, he is not likely to appear...reverse it and order a new trial, he will appear or not, ns he mny consider most for his interest. Under such circumstances, we are not inclined to hear and... | |
 | Abraham Clark Freeman - 1892 - 1020 pages
...convicted party suing out the writ is where he can be made to respond to any judgment we may render If we affirm the judgment, he is not likely to appear to submit to his sentence. If AM. ST. REP., VOL. XXII. -58 we reverse it, and order a new trial, he will appear or not, ai he may... | |
 | California. Supreme Court - 1906 - 796 pages
...control of the Court below, either actually by being in custody, or constructively by being out on bail. If we affirm the judgment, he is not likely to appear...sentence. If we reverse it, and order a new trial, IK will appear or not, as he may consider most for liis interest. 1'nder such circumstances, we are... | |
 | United States. Supreme Court - 1913 - 1140 pages
...of the court below, either actually, by being in custody, or constructively, by being out on bail. If we affirm the judgment, he is not likely to appear...and decide what may prove to be only a moot case. This cause was docketed here Dec. 29, 1870. In due time a brief was filed on behalf of the plaintiff... | |
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