United States v. Pierson
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of Colorado. This was an action upon the bond of Elisha W. Davis as Indian agent, conditioned that he carefully discharge the duties of such office and faithfully disburse all public moneys and honestly account without fraud or delay for the same and for all public funds and property coming into his hands.
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In Error to the District Court of the United States for the District of Colorado. This was an action upon the bond of Elisha W. Davis as Indian agent, conditioned that he carefully discharge the duties of such office and faithfully disburse all public moneys and honestly account without fraud or delay for the same and for all public funds and property coming into his hands. Although named as a defendant, Davis died before the action was commenced, and it proceeded against his sureties. At the conclusion of the evidence for the gov-eminent the District Court directed the jury to find a verdict…
1Opinion of the Court
IiOOK, Circuit Judge.
The question lying at the threshold of the case is as to the admissibility in evidence, on behalf of the government, of a transcript from the books and proceedings of the Treasury Department, which was certified ánd authenticated as required by section 886 of the Revised Statutes [U. S. Comp. St. 1901, p. 670]. That section, so far as it need be quoted, provides:
“When suit is brought in any case of delinquency of a revenue officer or any person accountable for public money a transcript from the books and proceedings of the Treasury Department, certified by the register…
2Cases cited21 opinions
- Moses v. United StatesSupreme Court of the United States · 1897
- United States v. BufordSupreme Court of the United States · 1830
- Bruce v. United StatesSupreme Court of the United States · 1855
- Hoyt v. United StatesSupreme Court of the United States · 1850
- National Surety Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1904
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