Legal Opinion

Dignan v. Shields

Texas Supreme Court

Decided July 1, 1879PublishedCited by 9 opinions

Error from Galveston. Tried below before the Hon.William H. Stewart. Suit was brought by B. G. Shields upon a bond given by Stone to him as collector of customs and disbursing agent for the Galveston district, and upon which Dignan was surety.

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Error from Galveston. Tried below before the Hon.William H. Stewart. Suit was brought by B. G. Shields upon a bond given by Stone to him as collector of customs and disbursing agent for the Galveston district, and upon which Dignan was surety. The condition of the bond was as follows: “ That whereas the said Benjamin G. Shields, as collector of customs aforesaid, hath appointed the said Edward L. Stone as cashier in the office of collector of customs, and the said Benjamin G. Shields hath, pursuant to law, appointed the said Edward L. Stone to act, in case of sickness or unavoidable absence,…

1Opinion of the Court

Gould, Associate Justice.

The position of cashier in the office of collector of customs is not unknown to the law, as appears by the customs regulations adduced in evidence. (Gust. Reg., arts. 1004,1165.) For aught that appears to the contrary, it was competent for the collector at Galveston to delegate to his deputy the duty of receiving and keeping customs moneys, as cashier in his office, without violating the regulation prohibiting customs officers from performing their duties by substitutes. (Gust. Reg., art. 1152. See also Gust. Reg., art. 566, where the right of the collector to…

2Cases cited5 opinions

  1. United States v. TingeySupreme Court of the United States · 1831
  2. Melton v. CobbTexas Supreme Court · 1858
  3. Smith v. HughesTexas Supreme Court · 1859
  4. City of Marshall v. BaileyTexas Supreme Court · 1864
  5. Amato v. WardNew York Court of Appeals · 1977

3Cited by9 opinions

  1. United States Fidelity & Guaranty Co. v. RaineyTennessee Supreme Court · 1907
  2. New York and Texas Land Co. v. HylandCourt of Appeals of Texas · 1894
  3. Watkins v. MinterTexas Supreme Court · 1915
  4. Leona I., M. & C. Co. v. RobertsTexas Supreme Court · 1884
  5. Ahsmuhs v. BowyerSupreme Court of Oklahoma · 1913

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