Citation: STEINER v. FELL, 1 U.S. 22 (1776)
Background
The case involved an action of debt on an arbitration bond in Bucks County, Pennsylvania. The plaintiff, Steiner, brought the action against the defendant, Fell, who pleaded “nun award” (no award).
Overview
The central issue was the procedural handling of two writs: a Habeas Corpus and a Certiorari. The plaintiff sought to have the case heard in the Supreme Court, while the defendant attempted to remove the case using the Habeas Corpus writ1.
Court
The case was heard by the Supreme Court of Pennsylvania during its April Term in 1776.
Parties to the Case
Plaintiff: Steiner
Defendant: Fell
Judgment
The court ruled that when two writs are issued fairly, the one delivered first takes precedence. In this case, the defendant’s writ of Habeas Corpus was delivered first, and therefore, the court ordered the return to be made on the Habeas Corpus
About the Author
