Hunt v. United States
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Western District of Missouri. i This was a proceeding by the United Stal.es to enforce, by scire facias, a forfeited bail bond against Robert H. Hunt and Hugh C. Ward, the sureties thereon. The district court rendered judgment for the United States, and the defendants sued out a writ of error.
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In Error to the District Court of the United States for the Western District of Missouri. i This was a proceeding by the United Stal.es to enforce, by scire facias, a forfeited bail bond against Robert H. Hunt and Hugh C. Ward, the sureties thereon. The district court rendered judgment for the United States, and the defendants sued out a writ of error. This court heretofore affirmed the judgement below (10 C. C. A. 74, 61 Fed. 795), but defendants have now petitioned for a rehearing.
1Per curiam
In this case a petition for rehearing has been filed, supported by an elaborate brief, which we have carefully read and duly considered. The child complaint is that the decision heretofore rendered makes a void contract binding by the application of the principle of esfoppel or waiver, which ruling, as counsel assert, “has not the support of a single authority.” It is said that as the opinion concedes that there was no statute, state or federal, authorizing the clerk of the United States district court to admit parties to bail, the bail bond in question was absolutely null and void, and could…
2Cases cited4 opinions
- Butler v. FosterSupreme Court of Alabama · 1848
- Dickenson v. StateNebraska Supreme Court · 1886
- Commonwealth v. OtisMassachusetts Supreme Judicial Court · 1819
- Clink v. RussellMichigan Supreme Court · 1885
3Cited by4 opinions
- Ewing v. United StatesCourt of Appeals for the Sixth Circuit · 1917
- Bongiovanni v. WardDistrict Court, D. Massachusetts · 1943
- Bottom v. PeopleSupreme Court of Colorado · 1917
- Ewing v. United StatesCourt of Appeals for the Sixth Circuit · 1917