Legal Opinion

Smythe v. United States

Supreme Court of the United States

Decided January 26, 1903No. 88PublishedCited by 46 opinions

ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. This was an action upon the official bond of Andrew W. Smythe as Superintendent of the "Mint of the United States at New Orleans to recover the sum of twenty-five thousand dollars with six per cent interest from April 1, 1893, until paid— that being the amount found due to the United States at the date of the examination, adjustment and statement of his accounts by the proper officers of the Treasury. ' The…

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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. This was an action upon the official bond of Andrew W. Smythe as Superintendent of the "Mint of the United States at New Orleans to recover the sum of twenty-five thousand dollars with six per cent interest from April 1, 1893, until paid— that being the amount found due to the United States at the date of the examination, adjustment and statement of his accounts by the proper officers of the Treasury. ' The sureties on the bond were Edward Conery and David Chambers McCan. The bond was conditioned that the Superintendent should “…

1Opinion of the Court

Me. Justice Hablan,

after making the foregoing statement, delivered thé opinion of the court.

As the Circuit Court and the Circuit Court of Appeals both held that the question of the liability of Smythe was determined for the Government by the decisions of this court — which view the defendants controverted — we must ascertain the import of those decisions. This course is made necessary by the contention of the defendants that the latest decision of this court, to which reference will be presently made, modified the earlier decisions upon which the Government relies.

The first case is that of…

2Cases cited25 opinions

  1. United States v. Bank of the MetropolisSupreme Court of the United States · 1841
  2. Thelusson v. SmithSupreme Court of the United States · 1817
  3. United States v. RobesonSupreme Court of the United States · 1835
  4. United States v. PrescottSupreme Court of the United States · 1845
  5. Walton v. United StatesSupreme Court of the United States · 1824

20 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. City of Boston v. TurnerMassachusetts Supreme Judicial Court · 1909
  2. Wiley v. City of SpartaSupreme Court of Georgia · 1922
  3. Nolte v. Hudson Nav. Co.Court of Appeals for the Second Circuit · 1925
  4. Town of Cameron v. HicksWest Virginia Supreme Court · 1909
  5. United States v. Glidden Co.Court of Appeals for the Sixth Circuit · 1941

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