Taylor v. Taintor

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Taylor v. Taintor by Noah Haynes Swayne
Syllabus
Taylor v. Taintor, 83 U.S. 366 (1872), was a United States Supreme Court case that is commonly referred to as having decided a person (such as a bail bondsman) into whose custody a person accused of a crime is remanded as part of the accused's bail has sweeping rights to recover that person. However, this is erroneous since the commonly cited portion of the case was obiter dicta; thus having no binding precedential value (although dicta does have persuasive value). — Excerpted from Taylor v. Taintor on Wikipedia, the free encyclopedia.
Court Documents
Opinion of the Court

United States Supreme Court

83 U.S. 366

TAYLOR  v.  TAINTOR


IN error to the Supreme Court of Errors of the State of Connecticut; in which court William Taylor, Barnabas Allen, and one Edward McGuire were plaintiffs in error, and Taintor, Treasurer of the State of Connecticut, was defendant in error. The case arose under that clause of the Federal Constitution [1] which ordains that

'A person charged in any State with treason, felony, or other crime, who shall flee from justice and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up to be removed to the State having jurisdiction of the crime,'

and under the act of Congress passed February 12th, 1793, to carry into effect this provision, and which makes it the duty of the executive of the State or Territory to which a person charged with one of the crimes mentioned has filed, upon proper demand to cause the fugitive to be arrested and the crimes mentioned has fled,

Mr. M. W. Seymour, for the plaintiff in error; Messrs. S. B. Beardsley and N. L. White, contra.

Mr. Justice SWAYNE stated the facts of the case and delivered the opinion of the court.

Notes[edit]

^1  Article 4, section 2.

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).