Legal Opinion

Rheiner v. United States

Court of Appeals for the Fifth Circuit

Decided November 29, 1921No. 3681PublishedCited by 2 opinions

In Error to the District Court of the United States for the Western District of Texas, Del Rio Division; William R. Smith, Judge. Proceeding by the United States against F. J. Rheiner and others for forfeiture of bail bond. From a judgment of forfeiture (U. S. v. Davenport, 266 Fed. 425), defendants bring error.

1Opinion of the Court

BRYAN, Circuit Judge.

Plaintiffs in error, F. J. Rheiner as principal, and the others as sureties, executed a bail bond in favor of the United States, defendant in error. The principal failing to appear for trial, the bond was declared forfeited by judgment nisi. Thereafter writs of scire facias issued, and judgment final was entered up against all the plaintiffs in error. We have not been favored with a brief by the government.

The charge against the principal is described in the bond as that of—

“having, on or about the 7th day of December, A. D. 1918, within said district, in violation of…

2Cases cited5 opinions

  1. United States v. ZarafonitisCourt of Appeals for the Fifth Circuit · 1907
  2. Jones v. StateCourt of Criminal Appeals of Texas · 1897
  3. Anderson v. StateCourt of Criminal Appeals of Texas · 1918
  4. Nichols v. StateCourt of Criminal Appeals of Texas · 1904
  5. State v. O'KeefeNevada Supreme Court · 1910

3Cited by2 opinions

  1. In re ShetskySupreme Court of Minnesota · 1953
  2. United States v. KehoeDistrict Court, S.D. Texas · 1973

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