State ex rel. Grass v. White

Citations

• 40 Wash. 560
• 82 P. 907
• 1905 Wash. LEXIS 1026

Syllabus

<p>Appeal — Bonds—Construction—Appeal or Supersedeas — Sufficiency — Dismissal. An appeal from a judgment forfeiting a bail bond, which could not be, and was not attempted to be, superseded, will not be dismissed because the bond on appeal in the sum of $200 contained language making it in form an appeal and supersedeas bond.</p> <p>Extradition — Arrest — Warrant — Grounds and Prerequisites for Issuance — Statute—Construction — Complaint — Sufficiency. Bal. Code, § 7017, providing for the arrest and detention of a person charged with crime in another state, upon demand of the executive of such state, and upon complaint under oath setting forth the offense, requires a legal charge of crime made in the state having jurisdiction of the offense; and.a person cannot be arrested and held in this state upon an unauthenticated warrant from another state and a complaint filed in a court of this state reciting that the party is a fugitive from justice.</p> <p>Bail — -Upon Unlawful Arrest — Cash Deposit — Forfeiture— Title. Where a party is arrested without authority of law, or any legal charge made against him, and is entitled to his discharge as a matter of right, a cash deposit in lieu of bail is an involuntary act and without consideration and the magistrate having obtained possession of the money unlawfully, neither he nor the public authorities can retain it as against the party making the deposit.</p>