Legal Opinion

American Surety Co. v. United States

Court of Appeals for the Fifth Circuit

Decided February 21, 1917No. 2965PublishedCited by 15 opinions

In Error to the District Court of the United States for the Western District of Louisiana; Aleck Boarman, Judge. The Waters-Pierce Oil Company was convicted of a crime, and adjudged to pay a fine and costs of the prosecution, and gave bond, on which the American Surety Company was surety, conditioned on prosecuting its writ of error and paying all costs, if it failed to make its plea good.

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In Error to the District Court of the United States for the Western District of Louisiana; Aleck Boarman, Judge. The Waters-Pierce Oil Company was convicted of a crime, and adjudged to pay a fine and costs of the prosecution, and gave bond, on which the American Surety Company was surety, conditioned on prosecuting its writ of error and paying all costs, if it failed to make its plea good. Erom a judgment against the surety for the amount of the costs of the prosecution, the surety brings error.

1Opinion of the Court

WALKER, Circuit Judge.

The Waters-Pierce Oil Company was convicted of rebating, and was adjudged to pay a fine and all costs of the prosecution. A writ of error to review that judgment was allowed upon the defendant therein giving bond according to law in the sum of $2,000 without supersedeas. Pursuant to that order a bond was given, with condition:

“That if said Waters-Pierce Oil Company shall prosecute said writ of error to effect, and answer all cost if it fail to make the said plea good, then the above obligation to be void; else to remain in full force and effect.”

The judgment of…

2Cases cited5 opinions

  1. Hudson v. ParkerSupreme Court of the United States · 1895
  2. In Re ClaasenSupreme Court of the United States · 1891
  3. Hardesty v. United StatesCourt of Appeals for the Sixth Circuit · 1911
  4. Fidelity & Deposit Co. of Maryland v. Expanded Metal Co.Court of Appeals for the Third Circuit · 1910
  5. Young v. DaleyDistrict Court, N.D. New York · 1911

3Cited by15 opinions

  1. Connley v. United StatesCourt of Appeals for the Ninth Circuit · 1930
  2. Johnson v. United StatesCourt of Appeals for the Ninth Circuit · 1919
  3. Oehring v. Fox Typewriter Co.Court of Appeals for the Second Circuit · 1920
  4. Williams v. United StatesCourt of Appeals for the Eighth Circuit · 1924
  5. Massachusetts Bonding & Ins. v. Clymer Mfg. Co.Court of Appeals for the Tenth Circuit · 1931

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