Bonahan v. State of Nebraska

CourtUnited States Supreme Court
Writing for the CourtWAITE
Citation8 S.Ct. 1390,125 U.S. 692,31 L.Ed. 854
Decision Date17 October 1887
PartiesBONAHAN v. STATE OF NEBRASKA

125 U.S. 692
8 S.Ct. 1390
31 L.Ed. 854
BONAHAN
v.
STATE OF NEBRASKA.
October 17, 1887.

Charles O. Wheedon and C. E. Magoon, for plaintiff in error.

William Leese, for defendant in error.

WAITE, C. J.

It appearing that during the pendency of this writ the plaintiff in error has escaped, and is not now within the control of the court below, either actually, by being in custody, or constructively, by being out on bail, it is ordered that the submission of the cause be set aside, and that unless the plaintiff in error is brought or comes within the jurisdiction and under the control of the court below on or before the last day of this term the cause be thereafter left off the docket until directions to the contrary. Smith v. U. S., 94 U. S. 97.

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89 practice notes
  • Dorrough v. Estelle, No. 73-1881.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • July 29, 1974
    ...the control of the court below. See Molinaro v. New Jersey, 1970, 396 U.S. 365, 90 S.Ct. 498, 24 L.Ed.2d 586; Bonahan v. Nebraska, 1887, 125 U.S. 692, 8 S.Ct. 1390, 31 L. Ed. 854; Smith v. United States, 1876, 94 U.S. (4 Otto) 97, 24 L.Ed. 32. Nor do we find fault with the Texas statute for......
  • Prevot, In re, Nos. 94-5854
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • September 7, 1995
    ...Smith v. U.S., 94 U.S. 97, 24 L.Ed. 32 (1876). The Court drew upon earlier state cases. Smith was followed by Bonahan v. Nebraska, 125 U.S. 692, 8 S.Ct. 1390, 31 L.Ed. 854 (1887), a similar case. Soon after Smith and Bonahan, the Court considered the constitutionality of disentitlement when......
  • U.S. v. Forty-Five Thousand Nine Hundred Forty Dollars ($45,940) in U.S. Currency, FORTY-FIVE
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • July 11, 1984
    ...Sec. 1257(2), we conclude, in light of the Smith [v. United States, 40 to 97, 94 U.S. 97, 24 L.Ed. 32 (1876) ] and Bonahan [v. Nebraska, 125 U.S. 692, 8 S.Ct. 1390, 31 L.Ed. 854 (1887) ] decisions, that the Court has the authority to dismiss the appeal on this Page 797 Id. at 366, 90 S.Ct. ......
  • United States v. Sharpe, No. 83-529
    • United States
    • United States Supreme Court
    • March 20, 1985
    ...338 U.S. 189, 69 S.Ct. 1453, 93 L.Ed. 1897 (per curiam ), and 338 U.S. 883, 70 S.Ct. 181, 94 L.Ed.2d 542 (1949); Bonahan v. Nebraska, 125 U.S. 692, 8 S.Ct. 1390, 31 L.Ed. 854 (1887); Smith v. United States, 94 U.S. 97, 24 L.Ed. 32 (1876); cf. Allen v. Rose, 419 U.S. 1080, 95 S.Ct. 669, 42 L......
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89 cases
  • Dorrough v. Estelle, No. 73-1881.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • July 29, 1974
    ...the control of the court below. See Molinaro v. New Jersey, 1970, 396 U.S. 365, 90 S.Ct. 498, 24 L.Ed.2d 586; Bonahan v. Nebraska, 1887, 125 U.S. 692, 8 S.Ct. 1390, 31 L. Ed. 854; Smith v. United States, 1876, 94 U.S. (4 Otto) 97, 24 L.Ed. 32. Nor do we find fault with the Texas statute for......
  • Prevot, In re, Nos. 94-5854
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • September 7, 1995
    ...Smith v. U.S., 94 U.S. 97, 24 L.Ed. 32 (1876). The Court drew upon earlier state cases. Smith was followed by Bonahan v. Nebraska, 125 U.S. 692, 8 S.Ct. 1390, 31 L.Ed. 854 (1887), a similar case. Soon after Smith and Bonahan, the Court considered the constitutionality of disentitlement when......
  • U.S. v. Forty-Five Thousand Nine Hundred Forty Dollars ($45,940) in U.S. Currency, FORTY-FIVE
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • July 11, 1984
    ...Sec. 1257(2), we conclude, in light of the Smith [v. United States, 40 to 97, 94 U.S. 97, 24 L.Ed. 32 (1876) ] and Bonahan [v. Nebraska, 125 U.S. 692, 8 S.Ct. 1390, 31 L.Ed. 854 (1887) ] decisions, that the Court has the authority to dismiss the appeal on this Page 797 Id. at 366, 90 S.Ct. ......
  • United States v. Sharpe, No. 83-529
    • United States
    • United States Supreme Court
    • March 20, 1985
    ...338 U.S. 189, 69 S.Ct. 1453, 93 L.Ed. 1897 (per curiam ), and 338 U.S. 883, 70 S.Ct. 181, 94 L.Ed.2d 542 (1949); Bonahan v. Nebraska, 125 U.S. 692, 8 S.Ct. 1390, 31 L.Ed. 854 (1887); Smith v. United States, 94 U.S. 97, 24 L.Ed. 32 (1876); cf. Allen v. Rose, 419 U.S. 1080, 95 S.Ct. 669, 42 L......
  • Request a trial to view additional results

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