United States v. Dashiel
Supreme Court of the United States
ERROR to the District Court of the United States for the Western District of Texas. The suit was brought on the official bond of Dashiel, a paymaster in the army of the United States, and Paschall, one of his sureties,\for breach of the condition in not paying over or accounting for public money that came into his hands.
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ERROR to the District Court of the United States for the Western District of Texas. The suit was brought on the official bond of Dashiel, a paymaster in the army of the United States, and Paschall, one of his sureties,\for breach of the condition in not paying over or accounting for public money that came into his hands. The only defence set up was by way of plea or answer, and in substance is, that Dashiel received of the government $28,000 in gold, at Charleston, S. C., 15th June, 1857, for the purpose of paying off the troops at Ports Dallas and Cap-ron, in Florida, and being compelled to…
1Opinion of the CourtJustice Nelson
The question involved in this case has been already twice decided by this court, and need not again be examined. The decisions will be found in 3 Howard, 578 (United States v. Prescott and others) and 11 Ib. 160 (Same v. Morgan and others).
It is insisted on the part of the defendants that as the plea was not demurred to, but went to issue, the evidence of the robbery supported it, and that the court was therefore right in admitting it and in giving the instructions to the jury. We are not advised as respects the system of pleading that may have been adopted in the court below, but whatever it…
2Cited by1 opinion
- United States v. DashielSupreme Court of the United States · 1866