Legal Opinion

Laffan v. United States

Court of Appeals for the Second Circuit

Decided April 9, 1903No. 110PublishedCited by 1 opinion

In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here upon writ of error to review a judgment of the Circuit Court, Southern District of New York, entered upon a verdict directed in favor of defendant in error, who was plaintiff below.

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In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here upon writ of error to review a judgment of the Circuit Court, Southern District of New York, entered upon a verdict directed in favor of defendant in error, who was plaintiff below. The action was brought against defendant, impleaded with cosureties and a former collector of internal revenue for the district of Montana, Ambrose W. Lyman, now deceased, to recover $8,232.93 public moneys unaccounted for by the said Lyman, and alleged to have been taken by Lyman’s deputy collector, one…

1Opinion of the CourtEacombe, Circuit Judge

(after stating the facts as above). It is contended that the trial court erred in admitting in evidence a certified copy of the bond upon which the action was brought, because said copy was not properly certified. The United States Revised Statutes provide:

“Section 886. When suit is brought in any case of delinquency of a revenue officer, or other person accountable for public money, a transcript from the books and proceedings of the Treasury Department, certified by the register and authenticated under the seal of the department, or, when the suit involves the accounts of the War or Navy…

2Cases cited4 opinions

  1. United States v. HodsonSupreme Court of the United States · 1870
  2. New York & Maryland Line R. Co. v. WinansSupreme Court of the United States · 1854
  3. Jessup v. United StatesSupreme Court of the United States · 1882
  4. United States v. CaseDistrict Court, N.D. New York · 1892

3Cited by1 opinion

  1. United Status v. Du PerowDistrict Court, N.D. Ohio · 1913

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