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THE UNITED STATES v. BOYD ET AL.

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46 U.S. 29 (1846)

5 How. 29

12 L.Ed. 36

THE UNITED STATES, PLAINTIFFS IN ERROR, v. GORDON D. BOYD AND OTHERS, DEFENDANTS.

Supreme Court of United States.

December 29, 1846.

Attorney(s) appearing for the Case

The cause was argued at the preceding term by Mr. Mason (then Attorney-General), for the United States, plaintiffs in error, and by Mr. Cocke and Mr. Henderson, for the defendants in error.

Mr. Mason made the following points: —

Mr. Cocke, for defendants.

Synopsis of the Argument of John Henderson, for Defendants.

Mr. Justice NELSON, after reading the statement in the commencement of this report, proceeded to deliver the opinion of the court.

When this cause was formerly before the court, involving a question arising out of the pleadings, it was held, that the condition of the bond was prospective, and subjected the sureties to liability only in case of default or official misconduct of the principal occurring after the execution of...

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