85 P. 501 | Or. | 1906
delivered the opinion of the court.
The sole question raised by this motion is whether or not a United States commissioner is qualified to act as surety >on an undertaking, on appeal under our law. Subdivision 3 of 549, B. & C. Comp., provides:
“The qualifications of sureties in the undertaking .on appeal shall be the same as in bail on arrest, and, if excepted to, they shall justify in like manner.”
Section 1507, B. & C. Comp., defining the qualifications of bail on arrest, provides:
“No counselor or attorney, sheriff, clerk of any court, or other officer of any court, is qualified to be bail.”'
In Todd v. United States, 158 U. S. 278-282 (15 Sup. Ct. 889, 39 L. Ed. 982), Mr. Justice Brewer, in speaking of a commissioner of the United States Circuit Court, said: “He is
The motion will be allowed, and the appeal dismissed.
Dismissed.