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UNITED STATES v. ALLSBURY

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71 U.S. 186 (1866)

4 Wall. 186

18 L.Ed. 321

UNITED STATES, v. ALLSBURY.

Supreme Court of United States.

December 26, 1866.

Attorney(s) appearing for the Case

Mr. Stanbery, A.G., submitted the case in behalf of the United States. Mr. Paschall, contra.

Mr. Justice NELSON delivered the opinion of the court.

It is unnecessary to refer to authorities to show that the liability of the surety cannot exceed that of his principal; and that amount having been fixed by a judgment at law, it formed the rule to determine the sum to be recovered in this suit. The verdict and judgment were competent evidence on behalf of the surety for this purpose; indeed, the highest evidence of the...

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