The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-10
CIRCUIT COURT OF APPEALS.
Decisions and Orders Filed In Sew
eral Cases.


eral Cases.
In the United States circuit court OF
appeals yesterday, Judges Sanborn,
Thayer and shiras sitting. the follow
ing opinions were announced:
John j. Day ct al. VS.. the United
States. Reversed, without costs 10
either party, and remanded for new
trial. Opinion by SanborI, j.
This case was from the Eastern dis
trict Of Wisconsin. John J.. Day,
Thomas T. Robey and Charles G. Knox,
the plaintiffs, sued out writ of error
to reverse a Judgment against them on
a bond which they gave to the United
States Sept. IL, 1885, conditioned for
the faithful performance by Day Of a
contract he had made with the govern
ment to furnish it seventy weight cav
airy horses at the city of st. Louis,
state of Missouri, on or before Nov. 9.
1895. He failed, and the government
purchased the horses elsewhere at a
loss of $3,06350i' THIS was the amount
sued for: Days defense was that he
furnished horses which the govern
ment's agents refused to accept, and
That they were up to contract stand
ard
George Hoeffner VS.. the United
States. Affirmed without costs to either
party. Opinion by Slliras, j.
Tnls case was from the Eastern Dis
trict of Missouri. Aug 8, 1896, Hoefner
gave bond in the sum of So, 600 for the
appearance in the United States dis
trict court of Charles F. Knowlton. on
the hrst day of the November term
1876. Knowltonl failed to appear. and
default was entered against him and
his surety, Hoefner. The lower court
heid thaf Hoefner must pay the 1000
winch decision is now affirmed.
L.
reversed without costs to either party
and remanded for new trial. Opinio,,
by Sanlborn, J.
rms case is from the Western Dis
tr1ct' Of Arkansas. The plaintiff. SAT-
ter, pleaded not guilty to an Indictment
Ior mailing two lewd letters, July Is
1898, and Aug. 6, 1895, respectively. HI
was sJconvicted and sentenced to two
years at hard laboriin the penftentfar
at Fort Leavenworth, Kan. The ones.
tion was as to whether the letters were
mailed. The testimony upon this point
was conflicting, and the case was re-.
manded.
The county of Lyon VS.. The Ashuelot
National Bank Affirmed with costs
opinion by Lochren, J.
rms case was from the Northern
olstrlct OF Iowa. It was to recover the
amount OF eight bonds, of tho county
OF Lyon, four for $500 each and fo11r foy
s1oV each, together with the last eight
coupons for the semi annual interest a
Z per cent - eee'
y. Inc claim was that the bonds were
IN their. inception, illegal and void The
lower court decided adversely to this
assumption, and the decision is affirm
ed. 80
Orders Entered.
Board of Levee Inspectors, Chicot
county, VS.. O. B. Chittenden. Error to
United States Circuit Court, Eastern
District of Arkansas. Continued tn
December term.
Grand Island Canning Company VS.
council Bluffs Canning Company. Error
TO United States Circuit Court. South
ern District Of Iowa, and Claudius w
Ihomas VS.. Council Bluffs Cannino
Company, appeal from United States
Circuit Court, Southern District NJ
Iowa, continued to December tern h1,
stipulation. ~
Lizzie Smith VS.. The Chicago g. Alto,
railroad Company. Error to Tinted
states Circuit Court, Western District
OF Missouri Dismissed with costs for
failure to print record.
Louis G. Boyle, Attorney General Ct
al. VS.. The Mutual Life INSURANCE
Company of New York. Appeal from
United States Circuit Court, District Of
Kansas. Passed per stipulation.
f. z. Austin Manufacturing Conpanv
VS.. Charles Johnson. Error to IIntte1
States Circuit Court, District of Kan-
sas. Argued and submitted.