Legal Opinion

Potter v. United States

Supreme Court of the United States

Decided January 15, 1883No. 127PublishedCited by 7 opinions

' Error to the Circuit Court of the United States for the District of Minnesota. This was an action -brought against George F. Potter "and his sureties on his official bond as receiver of public moneys in the Pembina land district in the Territory of Dakota.

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' Error to the Circuit Court of the United States for the District of Minnesota. This was an action -brought against George F. Potter "and his sureties on his official bond as receiver of public moneys in the Pembina land district in the Territory of Dakota. The bond bears date Aug. 3, 1870, and its condition is that he shall “ truly and faithfully execute and discharge all the duties of his said office according to. law.”' The declaration alleges that he was appointed such receiver for four years beginning June 7, 1870; that after the execution and delivery of the bond and prior to June 30,…

1Opinion of the CourtJustice Woods

The answer does not allege that the moneys for which the court rendered judgment against the defendants were received by Potter after Sept. 23, 1873, and during the absence of Brashear, the register, nor does the bill of exceptions profess to state all the evidence in regard to the absence of Brashear and Potter from their respective offices. Passing by these defects in the record, we shall consider the question presented by the exception of the defendants.

Their first contention is that they are not responsible for any moneys received by Potter, the receiver, during the time that Brashear,…

2Cases cited2 opinions

  1. Lytle v. the State of ArkansasSupreme Court of the United States · 1850
  2. King v. United StatesSupreme Court of the United States · 1879

3Cited by7 opinions

  1. T.S.C. Motor Freight Lines, Inc. v. United StatesDistrict Court, S.D. Texas · 1960
  2. County of King v. FerryWashington Supreme Court · 1893
  3. Smith v. United StatesSupreme Court of the United States · 1898
  4. Park District of City of Bismarck v. BertschNorth Dakota Supreme Court · 1967
  5. Gilbert v. BallingerCourt of Appeals for the D.C. Circuit · 1911

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