Legal Opinion

Joshua B. Bond, Administrator of Mary Ann Cade, in Error v. James Brown

Supreme Court of the United States

Decided January 18, 1852PublishedCited by 8 opinions

This case was brought up, by writ of error, from the Circuit Court of the United States for the Eastern District of Louisiana. It was a suit brought by Brown, a -citizen of Mississippi, against Bond, as the administrator of Mary Ann Cade, upon a bond with a collateral condition, given by one Witherspoon, for which Mary Ann Cade was responsible. The petition set out the bond and the breaches.

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This case was brought up, by writ of error, from the Circuit Court of the United States for the Eastern District of Louisiana. It was a suit brought by Brown, a -citizen of Mississippi, against Bond, as the administrator of Mary Ann Cade, upon a bond with a collateral condition, given by one Witherspoon, for which Mary Ann Cade was responsible. The petition set out the bond and the breaches. The defendant answered, denying some of thé material facts stated in the petition, and alleging other facts, which, if proved, were sufficient to bar a recovery. Neither party claimed a trial by jury;…

1Opinion of the CourtChief Justice Taney

The record in this case is voluminous; but a very brief statement will show the grounds upon which it is decided' iri this court.

The suit was brought by the defendant in error in the Circuit Court of the United States' for the Eastern District of Louisiana, upon a bond with a collateral condition. The breaches for which he sued are set out in the petition. The plaintiff in error answered, denying some of the material facts stated in the petition, and alleging other facts, which, if supported by testimony, were sufficient to bar the recovery.

Upon these issues the parties proceeded in the-case,…

2Cited by8 opinions

  1. Davis v. SchwartzSupreme Court of the United States · 1895
  2. United States Trust Co. v. Mercantile Trust Co.Court of Appeals for the Ninth Circuit · 1898
  3. Connor v. United StatesCourt of Appeals for the Ninth Circuit · 1914
  4. Romero v. DesmaraisNew Mexico Supreme Court · 1889
  5. Walters v. Western & A. R.U.S. Circuit Court for the Northern District of Georgia · 1895

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