Fidelity & Deposit Co. of Maryland v. United States
Supreme Court of the United States
ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. This action was brought in the Supreme Court of the District of Columbia, by defendant' in error, against one Peyton D. Yinson, as principal and plaintiff in error as surety, on certain bonds, to recover tbe sum of $530.06. One of the bonds was in the peiial sum of $25,000, for the faithful performance of the covenants and conditions of a contract entered into by said Vinson with the District of Columbia.
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ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. This action was brought in the Supreme Court of the District of Columbia, by defendant' in error, against one Peyton D. Yinson, as principal and plaintiff in error as surety, on certain bonds, to recover tbe sum of $530.06. One of the bonds was in the peiial sum of $25,000, for the faithful performance of the covenants and conditions of a contract entered into by said Vinson with the District of Columbia. It was co venad ted in •the bond that Yinson would “ promptly make payments to all persons supplying him with labor or materials in…
1Opinion of the CourtJustice MoKenNa
The principal assignments of error are reducible to these contentions : (1) The court had no power to enact the rule; (2) that the rule was invalid, ip that it deprived defendants of due process of law and the right of trial by jury', in contravention of the Constitution of the United States and ‘ the mode of proof of trial ” prescribed by Revised Statutés, sec. 861 et seq.
1. The rule was formerly number 75 and has existed a long time. The Court of Appeals of - the District has sustained its validity in a number of cases. This court also sustained its validity in Smoot v. Rittenhouse, decided…
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