Gardner v. Brown

88 U.S. 36

22 L.Ed. 527

21 Wall. 36

GARDNER

v.

BROWN.

October Term, 1874

APPEAL from the Circuit Court for the Middle District of Tennessee; the case being thus:

The Code of Tennessee1 enacts that every trustee to whom property is conveyed in trust for any person, 'before entering upon the discharge of his duty shall give bond,' &c., for the faithful discharge of his duties. But the act does not declare that if he does not give the bonds he shall cease to be trustee.

An act of Congress of July 27th, 1866,2 enacts as follows:

'If in any suit . . . in any State court against an alien, or by a citizen of…