United States v. George
U.S. Circuit Court for the District of Minnesota
Error to the district court [of the United States for the district of Minnesota], The action in the district court was upon a recognizance entered into by the plaintiffs in error as the sureties of one Hiram George, in the sum of $5,000. before by I. N. Oardozo, Esq. a commissioner for the circuit court for the district of Minnesota. The condition of the recognizance appears in the following opinion of NELSON.
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Error to the district court [of the United States for the district of Minnesota], The action in the district court was upon a recognizance entered into by the plaintiffs in error as the sureties of one Hiram George, in the sum of $5,000. before by I. N. Oardozo, Esq. a commissioner for the circuit court for the district of Minnesota. The condition of the recognizance appears in the following opinion of NELSON. District Judge, in the district court, on demurrer to the petition: This action is brought on a recognizance entered into before a commissioner of the United States circuit court, by…
1Opinion of the Court
DIUL.ON, Circuit .Tudge.
1. The recognizance in this case was sought to be enforced by a complaint or declaration, and thereto the defendants first pleaded, in effect, nul tiel record, and on this plea the cause was tried before the court, and after its submission the court “ordered that the plaintiff have until the first day of the next term to amend its complaint, and upon failure to do so that judgment be entered in favor of the defendants.”
The action of the court permitting the plaintiff to amend the declaration is assigned as error. The record does not state that any exception to this…
2Cases cited9 opinions
- People v. StagerNew York Supreme Court · 1833
- People v. KaneNew York Supreme Court · 1847
- State v. RandolphSupreme Court of Missouri · 1856
- People v. BlankmanNew York Supreme Court · 1837
- Barrett v. BrooksSupreme Court of Iowa · 1866
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3Cited by2 opinions
- Moran v. United StatesCourt of Appeals for the Ninth Circuit · 1926
- State v. EdgertonSupreme Court of Rhode Island · 1878