Bevans v. United States
Supreme Court of the United States
Error to the Circuit Court for the Eastern District of Arkansas; the case being this: Prior to February, 1860, Bevans had been appointed a receiver of public money for the district of lands, subject to sale at Balesville, Arkansas, and gave bond conditioned that he “ should have truly and faithfully executed and discharged, and should continue truly and faithfully to execute and discharge all the duties of the said office.”
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Error to the Circuit Court for the Eastern District of Arkansas; the case being this: Prior to February, 1860, Bevans had been appointed a receiver of public money for the district of lands, subject to sale at Balesville, Arkansas, and gave bond conditioned that he “ should have truly and faithfully executed and discharged, and should continue truly and faithfully to execute and discharge all the duties of the said office.” These duties are defined by acts of Congress and by Treasury Regulations enacted in pursuance of them. The 6th section of the act of May 10th, 1800, made it the duty of…
1Opinion of the CourtJustice Strong
It is to be observed that the defence attempted in this case, was not a denial of the receiver’s obligation to pay all the public money in his hands to the United States, according to the condition of his bond and the requirements of the acts of Congress, nor was it an assertion of performance of his obligation, but it was setting up an excuse for nonperformance. Was the receiver then in a condition to avail himself of the excuse which he presented? It may be a grave question whether the forcible taking of money belonging to the United States from the possession of one of her *61officers, or…
2Cited by27 opinions
- Phoenix Ins. Co. v. DosterSupreme Court of the United States · 1882
- Anderson County Commissioners v. BealSupreme Court of the United States · 1885
- Smythe v. United StatesSupreme Court of the United States · 1903
- Tillinghast v. . MerrillNew York Court of Appeals · 1896
- Wiley v. City of SpartaSupreme Court of Georgia · 1922
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