De Orozco v. United States
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Western District of Texas; Thomas S. Maxey, Judge. Proceeding by the United States of America against Pascual Orozco and others for forfeiture of a bail bond, in which Refugia E. De Orozco was allowed to become a party defendant on the death of the principal defendant. There was judgment for plaintiff, and defendants bring error.
Read the full summary
In Error to the District Court of the United States for the Western District of Texas; Thomas S. Maxey, Judge. Proceeding by the United States of America against Pascual Orozco and others for forfeiture of a bail bond, in which Refugia E. De Orozco was allowed to become a party defendant on the death of the principal defendant. There was judgment for plaintiff, and defendants bring error. This was an action in the court below, instituted by thei defendant in error originally against Pascual Orozco and the sureties on a bail bond executed by him. Orozco, the principal on the bail bond, died…
1Opinion of the CourtGrubb, District Judge
(after stating the facts as above). The plaintiff in error assail the validity of- the judgment against them upon a number of grounds, which we will consider seriatim.
[1,2] 1. It is contended that the right to recover on the bond abated by the death of the principal before final judgment on the bond, and before he could have been indicted or tried for the felony charged in the complaint.
Section 1014, Revised Statutes, provides that, for any crime or offense against the United States, the offender may by certain named state or United States officers, and “agreeably to the usual mode of process…
2Cases cited8 opinions
- Hyde v. ShineSupreme Court of the United States · 1905
- Dealy v. United StatesSupreme Court of the United States · 1894
- The Three FriendsSupreme Court of the United States · 1897
- United States v. DunbarCourt of Appeals for the Ninth Circuit · 1897
- United States v. Van FossenU.S. Circuit Court for the District of Kansas · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Block v. United StatesCourt of Appeals for the Eighth Circuit · 1920
- Commonwealth v. McEntee, Pennsylvania Court of Common Pleas, Bucks County1935