365

Case No. 9,595.

MILLER v. WHEATON et al.

[2 Cranch, C. C. 41.]1

Circuit Court, District of Columbia.

June Term, 1812.

BAIL—CIVIL CASE—AFFIDAVIT.

Affidavit to hold to bail.

F. S. Key, for Briscoe, moved to enter his appearance for this defendant without bail. The plaintiff had filed, as his cause of action, a promissory note of Wheaton, and an affidavit by an indifferent witness that Briscoe ac knowledged to him that he was a partner with Wheaton in the transaction and equally liable for the debt.

THE COURT (FITZHUGH, Circuit Judge, absent) held it to be sufficient to hold Briscoe to bail.

1 [Reported by Hon. William Cranch, Chief Judge.]

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