United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Boyd, 40 U.S. 15 Pet. 187 187 (1841)

United States v. Boyd

40 U.S. (15 Pet.) 187

ERROR TO THE CIRCUIT COURT FOR THE

SOUTHERN DISTRICT OF MISSISSIPPI

Gordon D. Boyd was duly appointed a receiver of public moneys for the district of lands subject to sale at Columbus, in

Page 40 U. S. 188

the State of Mississippi, for the term of four years from 27f December, 1836. On the 15th of June 1837, he gave a bond in the penal sum of $200,000, jointly and severally, with Samuel Rossdale and others, the defendants in error in the present suit. The condition of the bond was that whereas the President of the United States had, pursuant to law, appointed him, the said Boyd, receiver as aforesaid, for the term of four years from 27 December, 1836, that therefore,

"if the said Boyd shall faithfully execute and discharge the duties of his office, then the above obligation to be void, and of none effect, otherwise, it shall abide and remain in full force and virtue."

At May term 1838, a suit was instituted on this bond by the United States in the Circuit Court for the Southern District of Mississippi against the obligors, being the present defendants in error, to recover the penalty thereof. The defendants craved oyer of the bond, and afterwards of the condition, and subsequently, pleaded that the plaintiffs ought not to maintain their action, because