United States v. McGlashen
U.S. Circuit Court for the District of Eastern Wisconsin
Action by the United States against Guy S. McGlashen and others. Tills is an action at law upon a forfeited recognizance, in which Guy S. Mc-Glashen is tlio alleged pi’incipal, and R. E. McGlashen and J. W. Surfis the sureties. R. E. McGlashen is the only defendant found in this district, and the only one before the court.
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Action by the United States against Guy S. McGlashen and others. Tills is an action at law upon a forfeited recognizance, in which Guy S. Mc-Glashen is tlio alleged pi’incipal, and R. E. McGlashen and J. W. Surfis the sureties. R. E. McGlashen is the only defendant found in this district, and the only one before the court. A jury was waived, and the cause submitted to tlic court upon stipulated facts to the effect that the allegations of the eom-Xilaint are true; that an indictment for subornation of perjury, and transmitting and presenting a false and forged affidavit, with intent to defraud…
1Opinion of the CourtSeaman, District Judge
(after stating the facts). The facts which are material for determination of liability in this case are all undisputed and conceded, and the only question presented is whether the surety can or must he relieved because of the proceedings subsequent to default and forfeiture. It is insisted in behalf of the surety who is defendant here that the entries of continuance which followed the forfeiture import that the principal was present and ready for trial at the subsequent terms, and the nolle prosequi deprived the sureties of a right to further produce the person of the principal, and rendered…
2Cases cited4 opinions
- Taylor v. TaintorSupreme Court of the United States · 1873
- United States v. Van FossenU.S. Circuit Court for the District of Kansas · 1871
- State v. ScottSupreme Court of Iowa · 1865
- United States v. AmbroseUnited States Circuit Court · 1881
3Cited by11 opinions
- United States v. ZarafonitisCourt of Appeals for the Fifth Circuit · 1907
- United States v. JenkinsCourt of Appeals for the Fourth Circuit · 1909
- Kirk v. United StatesU.S. Circuit Court for the District of Northern New York · 1904
- Griffin v. United StatesDistrict Court, N.D. Georgia · 1921
- State Ex Rel. Buckley v. DrakeSupreme Court of Oklahoma · 1914
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