An action on the official bond of a collector of customs is not
one of which this Court has appellate jurisdiction, under § 699 of
the Revised Statutes, without regard to the sum or value in
dispute.
This was an action brought by the United States against the
principal and sureties on the official bond of a collector of
customs to recover the sum of $634.60 which he had refused
Page 130 U. S. 654
to pay over, and claimed the right to retain as part of the
emoluments of his office. The circuit court gave judgment for the
defendants, and the United States sued out this writ of error,
which the defendants in error now move to dismiss for want of
jurisdiction.
MR. JUSTICE GRAY delivered the opinion of the Court.
The motion to dismiss must be granted. The amount in dispute is
less than $5,000, and the case does not come within any of the
classes specified in § 699 of the Revised Statutes, in which this
Court has appellate jurisdiction without regard to the sum or value
in dispute. The only subdivisions which could possibly be supposed
to cover this case are the second and third.
The second subdivision relates to judgments "in any civil action
brought by the United States for the enforcement of any revenue law
thereof," and, as was directly adjudged in the recent case of
United States v Hill, 123 U. S. 681, a
suit upon an official bond is not an action for the enforcement of
a revenue law of the United States.
The third subdivision relates to judgments
"in any civil action against any officer of the revenue, for any
act done by him in the performance of his official duty, or for the
recovery of any money exacted by or paid to him which shall have
been paid into the Treasury."
This applies only to suits, whether sounding in tort or in
contract, brought by individuals or corporations against officers
of the revenue acting on behalf of the United States, and does not
include any suit brought by the United States against one of those
officers. It has regard to actions in which the interest of the
United States is as defendant, not as plaintiff.
Writ of error dismissed for want of jurisdiction.