United States v. Wiley
Supreme Court of the United States
Error to the Circuit Court for the District of Virginia; the suit below being one by the United States against J. F. Wiley, former marshal of the Eastern District of the State just named, upon his official bond. The case was this: A statute of April 10th, 1806,* “relating to bonds given by marshals,” enacts by its second section, that it shall be lawful in case of a breach of condition, “for any person, persons, or body politic thereby injured, to institute a suit.”
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Error to the Circuit Court for the District of Virginia; the suit below being one by the United States against J. F. Wiley, former marshal of the Eastern District of the State just named, upon his official bond. The case was this: A statute of April 10th, 1806,* “relating to bonds given by marshals,” enacts by its second section, that it shall be lawful in case of a breach of condition, “for any person, persons, or body politic thereby injured, to institute a suit.” A fourth section enacts: “That all suits on marshals’ bonds . . . shall be commenced and prosecuted within six years after the…
1Opinion of the CourtJustice Strong
Whether the act of April 10th, 1806, which prescribes a limitation to suits upon marshals’ bonds, is applicable to suits brought by the United States, is a question which we do not propose now to answer, for, if it is, we are still of the opinion that the defendants’ plea of the statute was an insufficient bar.
The cause of action arose in 1860, and the present suit was brought on the 15th of February, 1869. But it is stipulated between the parties that from the 24th day of May, 1861, to the 24th day of May, 1865,. the defendants were actual residents of the State of Virginia, and that during…
2Cited by43 opinions
- Brown v. WalkerSupreme Court of the United States · 1896
- Bauserman v. BluntSupreme Court of the United States · 1893
- Osbourne v. United StatesCourt of Appeals for the Second Circuit · 1947
- Benzemann v. Houslanger & Assocs., PLLCCourt of Appeals for the Second Circuit · 2019
- Price, Administrator v. HolmesSupreme Court of Kansas · 1967
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