Legal Opinion

Smith v. United States

Supreme Court of the United States

Decided January 30, 1865PublishedCited by 62 opinions

An act of Congress, relating to marshals of the United States,* provides, that “ before” the marshal enters on the duties of his office, he shall become “bound-’ for the faithful performance of the same, before the judge of the District Court of the United States, jointly and severally, with sufficient sureties.

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An act of Congress, relating to marshals of the United States,* provides, that “ before” the marshal enters on the duties of his office, he shall become “bound-’ for the faithful performance of the same, before the judge of the District Court of the United States, jointly and severally, with sufficient sureties. “ to be approved by the district judge.” ■ With this act in force, Pine was appointed marshal, and gave bond on which the name of Smith and others’ had been signed, and appeared as sureties. Suit having been brought against the marshal, Smith, and the others, his sureties, in the…

1Opinion of the CourtJustice Clifford

delivered the'opinion of the court.

This case comes before the court upon a writ' of error to the Circuit Court of the United States for the Northern District of Illinois. Suit was instituted by the United States, and the record shows that it was an action of debt on the official bond of Charles N. Pine,- late .marshal of the United States for the district where the suit was brought. Service was not made on the principal in the bond, nor on four of the sureties as-named in the declaration. -Gf those served, three were defaulted, and the remaining three., Thomas Hoyne, William B. Snowhook, and…

2Cases cited2 opinions

  1. Miller v. StewartSupreme Court of the United States · 1824
  2. United States v. BoydSupreme Court of the United States · 1841

3Cited by62 opinions

  1. Guaranty Co. v. Pressed Brick Co.Supreme Court of the United States · 1903
  2. United States v. FreelSupreme Court of the United States · 1902
  3. Rankin v. TygardCourt of Appeals for the Eighth Circuit · 1912
  4. Cambridge Savings Bank v. HydeMassachusetts Supreme Judicial Court · 1881
  5. Pierce v. WhitingCalifornia Supreme Court · 1883

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