United States v. Van Fossen
U.S. Circuit Court for the District of Kansas
William S. Dunn at the October term, 1868.. of the United States district court for the district of Kansas, was indicted for robbing the United States mail, and was duly arrested therefor by the marshal of the district on the 4th of April, 1870. On the 4th day of May, 1870, Dunn, as principal, and the present defendants, as his sureties, executed to the United States a recognizance in the penal sum of §2,500, in the usual form, conditioned that the said Dunn should “appear…
Read the full summary
William S. Dunn at the October term, 1868.. of the United States district court for the district of Kansas, was indicted for robbing the United States mail, and was duly arrested therefor by the marshal of the district on the 4th of April, 1870. On the 4th day of May, 1870, Dunn, as principal, and the present defendants, as his sureties, executed to the United States a recognizance in the penal sum of §2,500, in the usual form, conditioned that the said Dunn should “appear in his own proper person, before the district court of the United States for the d'strict of Kansas, at its next term, to…
1Opinion of the Court
DILLON, Circuit Judge.
Examination and reflection have confirmed my first impression that the facts pleaded in defence do not, in law, exonerate the defendants from liability on the recognizance. The recognizance is a contract between the cognizors and the government of the United States, that, if the latter would release the principal recognizor from custody, the former would undertake that he should personally appear at the specified time and place, to answer the indictment. The condition of the recognizance was broken by his failure to appear; and the parties to it became absolute debtors…
2Cases cited9 opinions
- Taintor v. TaylorSupreme Court of Connecticut · 1869
- People v. ManningNew York Supreme Court · 1828
- State v. ScottSupreme Court of Iowa · 1865
- Mix v. PeopleIllinois Supreme Court · 1861
- Ingram v. StateSupreme Court of Alabama · 1855
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. . PelleySupreme Court of North Carolina · 1943
- State v. PelleySupreme Court of North Carolina · 1943
- Weber v. United StatesCourt of Appeals for the Eighth Circuit · 1929
- In Re CohenCalifornia Supreme Court · 1926
- Kirk v. United StatesU.S. Circuit Court for the District of Northern New York · 1904
13 more not listed; retrieve them via the Exa API.