Smith v. United States
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE TERRITORY OF ARIZONA. ’ This action was brought'against Frederick W. Smith and the sureties on his official bond as receiver of public moneys in the Tucson land district in the Territory of Arizona.
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ERROR TO THE SUPREME COURT OF THE TERRITORY OF ARIZONA. ’ This action was brought'against Frederick W. Smith and the sureties on his official bond as receiver of public moneys in the Tucson land district in the Territory of Arizona. The bond was dated March 7, 188S, and the condition therein was that "“if the said Frederick ‘W. Smith shall, at all times during his holding and remaining in said office, carefully discharge the duties thereof, and faithfully disburse all public moneys,', and honestly account,' without 'fraud or delay, for the same and for all public funds and property which…
1Opinion of the Court
Mr. Justice Peckham,
after stating the facts, delivered the opinion of the court. -
The question to be determined in this case is, whether, •under the circumstances above set forth, the moneys received by Receiver Smith, and to recover which the action herein was commenced, were public, moneys within the meaning of the law and the bond given by the receiver.
The moneys paid to the receiver were paid upon the making of proofs hy the entrymen under various statutes of the-United States providing for the sale of the public lands, such as the statute relating to preemptions, Rev. Stat. §§ 2257-2288;…
2Cases cited3 opinions
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- Hale County v. American Indemnity Co.Court of Appeals for the Fifth Circuit · 1933
- Fidelity & Deposit Co. of Maryland v. United StatesCourt of Appeals for the Fourth Circuit · 1932
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