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· 12/4/1893

Insley v. United States

Citations

  • 150 U.S. 512
  • 14 S. Ct. 158
  • 37 L. Ed. 1163
  • 1893 U.S. LEXIS 2400

Syllabus

<p>As a District Court of the United States has jurisdiction under Rev. Stat. § 563, of all suits to recover forfeitures incurred under any law of the United States, including forfeitures of a- bail bond, the question whether the forfeiture should be enforced by scire facias under Rev. Stat. § 71G, or by proceedings under a law of the State in which the court is held, goes only to the remedy and not to the jurisdiction, and the action of the District Court is binding in a collateral proceeding.</p> <p>The rule that the death of a party to a suit, either pending the suit or after judgment and before execution, abates the suit, does not apply to a case where land has been sold upon execution, but no deed delivered.</p>

Judges: Brown

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