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OSBORNE v. UNITED STATES

Not in source.

86 U.S. 577 (1874)

19 Wall. 577

22 L.Ed. 208

OSBORNE, v. UNITED STATES.

Supreme Court of United States.

May 4, 1874.

Attorney(s) appearing for the Case

Mr. D.W. Sellers, for the plaintiff in error:

Mr. C.H. Hill, Assistant Attorney-General, citing United States v. Hodson,* and Dair v. United States,† contended, contra, that the demurrer was rightly sustained.

The CHIEF JUSTICE delivered the opinion of the court.

The Circuit Court did not err in sustaining the demurrer to the plea of the plaintiff in error. The object of the eighth section of the act of Congress was to protect the government, not the sureties upon the bond. By that section the assessor was not permitted to approve a distiller's bond unless the distillery property was unincumbered as against the United States. If he did he made himself liable to the government...

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