Legal Opinion

United States v. MacMillan

District Court, N.D. Illinois

Decided November 18, 1913No. Nos. 10,622-10,630PublishedCited by 2 opinions

At Law. Actions by the United States, four against Thomas C. MacMillan and others, three against Edward M. Holloway and others, and two against Marshall E. Sampsell and others. On demurrers to pleas in each case.

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At Law. Actions by the United States, four against Thomas C. MacMillan and others, three against Edward M. Holloway and others, and two against Marshall E. Sampsell and others. On demurrers to pleas in each case. These nine actions in the form of debt, four of them against the present, two against a former, clerk of this court, three against the clerk of the Circuit Court of Appeals, and each of their respective bondsmen, are brought by the government upon alleged .breaches of official bonds. The declarations aver such breaches to consist of failures to account and pay over to the United…

1Opinion of the CourtGeiger, District Judge

(after stating the facts as above). From the declarations and pleas we may summarize that the funds, which we may term the “principal” received by the clerks and deposited in the banks and whereon the interest was earned, may be classified into: (a) Moneys deposited by litigants with the clerk subject to be disbursed to himself or to others as occasion may demand in the course of the litigation; (b) fees and emoluments earned by the clerk and paid to himself out of such last above specified deposits—and, as -to such earned fees and emoluments, a semiannual account was rendered, the account…

2Cases cited6 opinions

  1. United States v. HillSupreme Court of the United States · 1887
  2. United States v. MasonSupreme Court of the United States · 1910
  3. United States v. HillSupreme Court of the United States · 1887
  4. United States v. AbeelCourt of Appeals for the Fifth Circuit · 1909
  5. Bean v. PattersonSupreme Court of the United States · 1884

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. State Ex Rel. Cowles v. ButtsSupreme Court of Florida · 1936
  2. United States v. DavisDistrict Court, D. Hawaii · 1916

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