United States v. Nez Perce County

HEALY, Circuit Judge.

The United States has petitioned for a rehearing of these cases, contending that the court was in error in denying the recovery of interest. Petitioner cites authorities such as Erskine v. Van Arsdale, 15 Wall. 75, 21 L.Ed. 63, holding that, where suit has been brought against a collector to recover the amount of a tax illegally exacted, interest should be allowed from the date of the exaction, and attention is called to, the fact that certain of the county officials were joined as parties defendant in the-present suits. But in the cases before us the counties, as such,…