United States v. Jenkins
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the Western District of North Carolina, at Asheville. Application by Walter Jenkins and J. E. Shuler for the remission of the penalty of a forfeited recognizance. From a judgment granting such relief, the United States brings error.
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In Error to the District Court of the United States for the Western District of North Carolina, at Asheville. Application by Walter Jenkins and J. E. Shuler for the remission of the penalty of a forfeited recognizance. From a judgment granting such relief, the United States brings error. At the May term, 1894, of the United States District Court, at Asheville, judgment final was entered upon a forfeited recognizance in favor of the United States and against the defendants in the sum of $200. Execution was issued on the judgment in 1895 and returned nulla bona, and no other execution was…
1Opinion of the CourtPritchard, Circuit Judge
(after stating the facts as above). It is contended by counsel for defendant in error that the court below had the right to set aside the judgment rendered in this case, and the brief filed by counsel is in support of such contention. In assuming this position, we think that counsel for defendant in error failed to consider the provisions of section 1020, Rev. St. (U. S. Comp. St. 1901, p. 719). The rule in the federal court is that a motion to vacate or set aside a judgment must be made before the expiration of the term at which the judgment is rendered. Even if the court below had adopted…
2Cases cited9 opinions
- United States v. FeelyU.S. Circuit Court for the District of Virginia · 1813
- State v. CliffordSupreme Court of Missouri · 1894
- State v. W. A. Smith.Supreme Court of North Carolina · 1872
- United States v. McGlashenU.S. Circuit Court for the District of Eastern Wisconsin · 1895
- State v. WarrenTexas Supreme Court · 1856
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- In re ShetskySupreme Court of Minnesota · 1953
- Henry v. United StatesCourt of Appeals for the Seventh Circuit · 1923
- Griffin v. United StatesDistrict Court, N.D. Georgia · 1921
- United States v. O'LearyDistrict Court, S.D. New York · 1921
- United States v. SmartCourt of Appeals for the Eighth Circuit · 1916
12 more not listed; retrieve them via the Exa API.