United States v. Abeel
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Northern District of Texas. Action by the United States against Alfred Abeel, Fannie Einks, as executrix of the will of John H. Finks, deceased, and the Fidelity & Deposit Company of Maryland. Judgment for defendants on exceptions to first amended original petition of plaintiff, and plaintiff brings error.
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In Error to the Circuit Court of the United States for the Northern District of Texas. Action by the United States against Alfred Abeel, Fannie Einks, as executrix of the will of John H. Finks, deceased, and the Fidelity & Deposit Company of Maryland. Judgment for defendants on exceptions to first amended original petition of plaintiff, and plaintiff brings error. The following is the petition of the plaintiff, filed in the Circuit Court: “To the Honorable Judges of Said Court: “Your petitioners, the United States of America, hereinafter called, plaintiffs, by tlieir district attorney for the…
1Opinion of the CourtShelby, Circuit Judge
(after stating the facts as above). This case was decided against the plaintiff on a general exception to the petition. The court below, therefore, • held that, admitting all the averments of the petition to be true, it showed no right of action in the plaintiff. The action is by the payee, the United States of America, against the makers of the bond sued on. To show fully the case presented by the petition, we have set it out in full in the statement of the case, omitting only the exhibits, which may be understood from the averments of the petition.
When Finks was appointed clerk of the…
2Cases cited14 opinions
- Howard v. United StatesSupreme Court of the United States · 1902
- Bentley v. Standard Fire InsuranceWest Virginia Supreme Court · 1895
- Clay Fire & Marine Insurance v. Huron Salt & Lumber Manufacturing Co.Michigan Supreme Court · 1875
- Tedrick ex rel. Ruffner v. WellsIllinois Supreme Court · 1894
- State v. JohnsonIndiana Supreme Court · 1875
9 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Fund Liquidation Holdings LLC v. Bank of America Corp.Court of Appeals for the Second Circuit · 2021
- United States v. WardCourt of Appeals for the Eighth Circuit · 1919
- American Bonding Co. v. AllisonCourt of Appeals for the Fifth Circuit · 1910
- Bosler v. United StatesCourt of Appeals for the Eighth Circuit · 1928
- State Ex Rel. Cowles v. ButtsSupreme Court of Florida · 1936
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