Legal Opinion

Kirk v. United States

Court of Appeals for the Second Circuit

Decided April 19, 1905No. 142PublishedCited by 8 opinions

Appeal from- the Circuit Court of the United States for the Northern District of New York. This is an appeal from a decree of the Circuit Court for the Northern District of New York, restraining the defendant Clinton D. MacDougall, as marshal, from selling the property of the complainant upon an execution for 940,000 and interest, issued on. a judgment entered in the District Court of the United States for the Eastern Division of the Southern District of Georgia, on a…

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Appeal from- the Circuit Court of the United States for the Northern District of New York. This is an appeal from a decree of the Circuit Court for the Northern District of New York, restraining the defendant Clinton D. MacDougall, as marshal, from selling the property of the complainant upon an execution for 940,000 and interest, issued on. a judgment entered in the District Court of the United States for the Eastern Division of the Southern District of Georgia, on a forfeited bail bond, signed by the complainant as surety, and John F. Gaynor as principal. The facts appear in the opinion,…

1Opinion of the Court

COXE, Circuit Judge.

The' bail bond signed by complainant was for the appearance of Gaynor to answer an indictment, found in the Eastern Division of the Southern District of Georgia, charging him and others with conspiracy to defraud the United States. The bond required Gaynor to appear in Georgia on the second Tuesday in February, 1902, “and from day to day and from term to term should the case be continued, and then and there to answer to such matters and things as have or shall be objected against *754him, and to stand to, abide, and-perform, the orders of the court, and not depart the said…

2Cases cited4 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Grover & Baker Sewing MacHine Co. v. RadcliffeSupreme Court of the United States · 1890
  3. Owens v. HenrySupreme Court of the United States · 1896
  4. Brown v. Wygant & LeedsSupreme Court of the United States · 1896

3Cited by8 opinions

  1. United States v. MacKSupreme Court of the United States · 1935
  2. La Grotta v. United StatesCourt of Appeals for the Eighth Circuit · 1935
  3. Collin County Nat. Bank v. HughesCourt of Appeals for the Eighth Circuit · 1907
  4. Berkowitz v. United StatesCourt of Appeals for the Eighth Circuit · 1937
  5. Universal Transp. Co. v. National Surety Co.District Court, S.D. New York · 1918

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