Legal Opinion

United States v. Duncan

District Court, W.D. Pennsylvania

Decided July 1, 1863PublishedCited by 4 opinions

Scire facias sur recognisance. Rule to set aside judgment and spare the recognisance as to Duncan.

1Opinion of the Court

McCANDLESS, District Judge.

A true bill was found at the May sessions, 1861, against Joseph Shoemaker, for making and passing counterfeit coin, in the resemblance and similitude of the coin coined by the mint of the United States. On the 5th day of August, 1861, the defendant, Robert Duncan, and Alexander McGregor, entered into re-cognisance for the appearance of Shoemaker at the following October sessions. He failed to appear, and the recognisance was forfeited. On the 26th of October, a sci. fa. was sued out, and served on Duncan the same day. No appearance or plea being entered, judgment…

2Cases cited2 opinions

  1. Commonwealth v. DennistonSupreme Court of Pennsylvania · 1839
  2. Commonwealth v. DaviesSupreme Court of Pennsylvania · 1804

3Cited by4 opinions

  1. United States v. American Bonding Co. of BaltimoreCourt of Appeals for the Ninth Circuit · 1930
  2. United States v. SmartCourt of Appeals for the Eighth Circuit · 1916
  3. Van Gilder v. City of DenverSupreme Court of Colorado · 1939
  4. Jordan v. CommonwealthSupreme Court of Virginia · 1923

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