Tait ex rel. Browning & Co. v. United States

Nott, J.,

delivered tbe opinion of tbe court:

Tbe defendants move in this case to open tbe judgment here- • tofore rendered on tbe ground of newly discovered evidence establishing- tbe disloyalty of the claimant, James Tait. They produce first an original bond to a “ medical purveyor of the Confederate States of America,” on which the claimant is a surety; and, second, the claimant’s petition for pardon, in which he recites bis guilt in giving aid and comfort to tbe rebellion.

The claimant resists the motion, and his counsel insists that Tait is only the nominal party, and that the real parties…