United States v. Buchanan
District Court, W.D. Texas
Manuel Buchanan was charged with unlawfully attempting to export munitions of war into Mexico. On motion to set aside judgment of forfeiture of bail bond entered at former term, on the ground that the bond was void and the final judgment entered a nullity.
1Opinion of the Court
WEST, District Judge.
The defendant as principal, together with, his sureties, move to set aside the final judgment of forfeiture entered at former term upon his bail bond upon the ground that said bond is void, and that final judgment is itself a nullity, wherefore the court may take jurisdictional cognizance of the motion even though the final judgment was entered at a former term. The invalidity of the bond is based upon a claim that it does not appear from the bond that the defendant is charged with any offense against the laws of the United States.
[1,2] The material portions of the bond…
2Cases cited2 opinions
- United States v. SauerDistrict Court, W.D. Texas · 1896
- Anduaga v. United StatesCourt of Appeals for the Fifth Circuit · 1918
3Cited by1 opinion
- Moran v. United StatesCourt of Appeals for the Ninth Circuit · 1926