United States v. Boyd
Supreme Court of the United States
This case was brought up,- by writ of error, from the Circuit Court bf the United States for the Southern District of Mississippi. It was formerly before the court, and reported in 15 Peters, 187. The following statement of the case was made out by Mr. Justice Nelson, and prefixed to the opinion of the court.
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This case was brought up,- by writ of error, from the Circuit Court bf the United States for the Southern District of Mississippi. It was formerly before the court, and reported in 15 Peters, 187. The following statement of the case was made out by Mr. Justice Nelson, and prefixed to the opinion of the court. The plaintiffs brought an action of debt against the defendants in the court below, upon a receiver’s bond, in the district of Missis- ' sippi, for defalcation in office, and in which the latter obtained the verdict. The declaration was in the usual form, for the penalty, to which…
1Opinion of the Court
Mr. Justice NELSON,
after reading the statement in .the commencement of this report, proceeded to deliver the opinion of the court.
When this causé was formerly before the. court, involving a question arising out of the pleadings, it was held, that the condition of the bond was prospective, and subjected the sureties to liability only in case of default or. official misconduct of the principal occurring after the execution of the instrument.; and that if intended to cover, past dereliction of duty, it should have been made retro.spective in its language; that the sureties had not undertaken for…
2Cases cited1 opinion
- United States v. BoydSupreme Court of the United States · 1841
3Cited by49 opinions
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