Mcglashan v. United States
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Eastern District of Wisconsin. This was an action brought by the government to recover of the plaintiff in error, upon a recognizance alleged to have been forfeited, in which Guy S. McGlashan was the principal, and the plaintiff in error and J. W. Surfis were the sureties.
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In Error to the Circuit Court of the United States for the Eastern District of Wisconsin. This was an action brought by the government to recover of the plaintiff in error, upon a recognizance alleged to have been forfeited, in which Guy S. McGlashan was the principal, and the plaintiff in error and J. W. Surfis were the sureties. The cause was tried before the court below without a jury, and judgment rendered for the government for the sum stated in the recognizance, with costs. The facts found by the circuit court are substantially these: At the ' September term, 1889, of the district court…
1Opinion of the CourtJenkins, Circuit Judge
The sole question presented for decision to the court below was whether the surety was relieved from the obligation of the recognizance by reason of certain proceedings of the district court of the United States for the district of Kansas, subsequent to the alleged forfeiture of the recognizance, which resulted in the entry by that court of a nolle prosequi. We are relieved from the necessity of passing upon the correctness of the conclusion reached by the court below, because we are satisfied that, upon grounds not presented to the consideration of the circuit court, and neither considered…
2Cases cited2 opinions
- Fisk v. HenarieSupreme Court of the United States · 1892
- District of Columbia v. HuttonSupreme Court of the United States · 1892
3Cited by3 opinions
- United States v. ZarafonitisCourt of Appeals for the Fifth Circuit · 1907
- United States v. TodarCourt of Appeals for the Seventh Circuit · 1930
- United States v. LevineDistrict Court, E.D. New York · 1932