United States v. Capua

LINDLEY, District Judge. '

The government appeals from an order of the District Court dismissing a writ of scire facias issued upon its petition, wherein it sought to recover the penalty upon a defaulted bail bond in the sum of $1,000 executed by defendants as sureties.

This bond called for the appearance in court of the principal, one Crema, who had been indicted for violation of the National Prohibition Act, 27 U.S.C.A. § 1 et seq. The petition, filed on December 19, 1932, averred that the bond was given August 25, 1932; that the cause was called for trial on the 23d day of November, 1932;…