National Surety Co. v. United States

Eighth Circuit

National Surety Co. v. United States

78 F.2d 407, 1935 U.S. App. LEXIS 3737

CourtCourt of Appeals for the Eighth Circuit

DecidedJune 14, 1935

DocketNo. 10252

StatusPublished

Cited by1 cases

This text of 78 F.2d 407 (National Surety Co. v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

National Surety Co. v. United States, 78 F.2d 407, 1935 U.S. App. LEXIS 3737 (8th Cir. 1935).

Pincite

Opinion

PER CURIAM.

This appeal is prosecuted by the surety upon a bail bond which was given to secure the appearance of one Salvatore Intravia alias Sam De Carlo before the United States District Court holden at Omaha, Neb., there to answer a criminal charge against him. On failure of the accused to appear, an order forfeiting the bond was entered and in a plenary suit thereafter brought by the United States on the bond judgment was entered against the surety for the amount thereof. It is claimed that the crime charged against Intravia was conspiracy to violate the National Prohibition Act (27 USCA § 1 et seq.) and that by reason of the repeal of the Eighteenth Amendment, effected by the ratification of the Twenty-First Amendment on December 5, 1933, the right of the government to collect the judgment had come to an end. The record shows that the order forfeiting the bond was made on September 6, 1932, and the judgment was entered against the surety on June 3, 1933. Motions attacking the judgment were overruled at the next succeeding term on February 9, 1934. The substantial questions presented on this appeal have been ruled against the appellant by this court in La Grotta (Quigley and Pradell) v. United States, 77 F.(2d) 673, decided May 6, 1935; and in United States v. Mack, 55 S. Ct. 813, 79 L. Ed. -, decided by the Supreme Court May 20, 1935.

Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This appeal is prosecuted by the surety upon a bail bond which was given to secure the appearance of one Salvatore Intravia alias Sam De Carlo before the United States District Court holden at Omaha, Neb., there to answer a criminal charge against him. On failure of the accused to appear, an order forfeiting the bond was entered and in a plenary suit thereafter brought by the United States on the bond judgment was entered against the surety for the amount thereof. It is claimed that the crime charged against Intravia was conspiracy to violate the National Prohibition Act (27 USCA § 1 et seq.) and that by reason of the repeal of the Eighteenth Amendment, effected by the ratification of the Twenty-First Amendment on December 5, 1933, the right of the government to collect the judgment had come to an end. The record shows that the order forfeiting the bond was made on September 6, 1932, and the judgment was entered against the surety on June 3, 1933. Motions attacking the judgment were overruled at the next succeeding term on February 9, 1934. The substantial questions presented on this appeal have been ruled against the appellant by this court in La Grotta (Quigley and Pradell) v. United States, 77 F.(2d) 673, decided May 6, 1935; and in United States v. Mack, 55 S. Ct. 813, 79 L. Ed. -, decided by the Supreme Court May 20, 1935.

Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

78 F.2d 407, 1935 U.S. App. LEXIS 3737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-surety-co-v-united-states-ca8-1935.

Opinion

Related

Cite This Page — Counsel Stack