Linn & Lane Timber Co. v. United States
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the District of Oregon. Suits in equity by the United States against the Dinn & Lane Timber Company, Charles A. Smith, Frederick A. Kribs, Charles J. Swen-son, O. Judd Mealey, Richard F. Malone, William J. Lawrence, Alexander Gould!, John J. Gilliland, Louis Maynard, Joseph O. Mickalson, James W. Rozell, John Thomas Parker, Samuel D. Pickens, Sidney II.
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Appeal from the Circuit Court of the United States for the District of Oregon. Suits in equity by the United States against the Dinn & Lane Timber Company, Charles A. Smith, Frederick A. Kribs, Charles J. Swen-son, O. Judd Mealey, Richard F. Malone, William J. Lawrence, Alexander Gould!, John J. Gilliland, Louis Maynard, Joseph O. Mickalson, James W. Rozell, John Thomas Parker, Samuel D. Pickens, Sidney II. Scanland, Joseph H. Steingrandt, Cornelius N. Tuthill, Richard D. Watkins, Charles Wiley, and William W. Billings. From the decree in the first suit, both parties appeal; and from the…
1Opinion of the CourtGilbert, Circuit Judge
(after staling the facts as above). [1] A careful consideration of the record satisfies us that the learned judge of the court below was quite right in finding that all of the entries in question were fraudulent, and the proofs in support of them false and fraudulent, and in holding that the defendant C. A. Smith, if not actually cognizant of the conspiracy in pursuance of which the entries and proofs were made, was at least bound by the acts of his agent, Kribs, who, according to the evidence, was an active participant in the frauds upon the government. Smith therefore cannot be regarded! as…
2Cases cited14 opinions
- Bailey v. GloverSupreme Court of the United States · 1875
- Rosenthal v. WalkerSupreme Court of the United States · 1884
- United States v. Milwaukee Refrigerator Transit Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1905
- J. J. McCaskill Co v. United StatesSupreme Court of the United States · 1910
- United States v. Winona & St. Peter RailroadSupreme Court of the United States · 1897
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3Cited by31 opinions
- Tynes v. ShoreWest Virginia Supreme Court · 1936
- Smith v. MooreCourt of Appeals for the Ninth Circuit · 1912
- In re Wilson's EstateOregon Supreme Court · 1917
- Martin v. Development Co. of AmericaCourt of Appeals for the Ninth Circuit · 1917
- Oregon Eilers Music House v. SittonCourt of Appeals for the Ninth Circuit · 1921
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