The United States v. Thomas Tingey Administrators

Citation8 L.Ed. 72,5 Pet. 131,30 U.S. 131
PartiesTHE UNITED STATES v. THOMAS TINGEY'S ADMINISTRATORS
Decision Date01 January 1831
CourtUnited States Supreme Court

Mr Swann, of counsel for the plaintiff in error in this cause, moved the court to amend the judgment entered in this cause, by instructing the court below to permit him to withdraw his demurrer: on consideration whereof, this court is of opinion that although this might have been done upon a reversal, yet it cannot be done where the judgment of the court has been affirmed, as this court cannot disaffirm its judgment.

Whereupon, it is ordered by the court, that the said motion be and the same is hereby overruled.

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4 cases
  • State v. Gant
    • United States
    • United States State Supreme Court of North Carolina
    • June 27, 1931
    ...different from that prescribed by law. That would be not to execute, but to supersede the requisites of the law." U. S. v. Tingey, 5 Pet. 131, 8 L. Ed. 66. Gant, the clerk, gave the bond voluntarily, the defendant surety company signed it as surety voluntarily. Both are presumed to know the......
  • United States Fidelity & Guaranty Co. of Baltimore, Md., v. U.S.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • February 4, 1907
    ...of the bond, both as to its penalty and the nature and conditions of its obligation. The plaintiff in error relies on United States v. Tingey, 5 Pet. 115, 8 L.Ed. 66, in which it was held that, where a bond imposing in excess of the requirements of the statute is demanded of an officer, as ......
  • James Greenleaf Lessee Plaintiff In Error v. James Birth, Defendant In Error
    • United States
    • United States Supreme Court
    • January 1, 1831
    ...... to James Greenleaf, by the commissioners of the United States, under the authority of the act of congress of 16th ......
  • Cavender v. Cavender
    • United States
    • United States Supreme Court
    • April 20, 1885
    ...... § clear that a defendant to a bill in equity, who states in his answer under oath the provisions of a writing which ......

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