Legal Opinion

Stearns v. United States

U.S. Circuit Court for the District of Maine

Decided July 1, 1840PublishedCited by 7 opinions

[Error to the district court of the United States for the district of Vermont. [This was an action of debt by the United. States against Joseph Stearns and others. From a judgment in the district court in favor of tlie United States (case unreported), defendants brought error.]

1Opinion of the Court

THOMPSON, Circuit Justice.

This case comes up on a writ of error to the district court of Vermont. It was an action of debt brought by the United States, as assignees of the sheriff of the county of Bennington, and state of Vermont, on a bond given for the liberties of the prison; the action being for an escape in violation of the bond.

The defendants set up as their defence: 1st. That the judgment recovered against Stearns, and upon which he was committed to prison, was as bail for one William S. Cardell, who was prosecuted in the Ben-nington county court of the state of Vermont, for a penalty…

2Cases cited5 opinions

  1. United States v. LathropNew York Supreme Court · 1819
  2. Bates v. DelavanNew York Court of Chancery · 1835
  3. Thoms v. SouthardCourt of Appeals of Kentucky · 1834
  4. Gibson v. WoodworthNew York Court of Chancery · 1840
  5. United States v. DodgeNew York Supreme Court · 1817

3Cited by7 opinions

  1. Hepner v. United StatesSupreme Court of the United States · 1909
  2. Bowles v. Barde Steel Co.Oregon Supreme Court · 1945
  3. Stout v. State Ex Rel. CaldwellSupreme Court of Oklahoma · 1913
  4. Journal Pub. Co. v. DrakeCourt of Appeals for the Ninth Circuit · 1912
  5. First Nat'l Bank of Comanche v. JohnstonSupreme Court of Oklahoma · 1935

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