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Reports of Cases Argued and Adjudged in the Supreme Court of the United States Volume 31

Reports of Cases Argued and Adjudged in the Supreme Court of the United States Volume 31


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1832 Excerpt: ... (Cox and Dick v. The United States. funds of Hawkins. The reason why it was credited to him, and not to Cox, would have been stated if he had applied at the treasury. But there is even a stronger reason for requiring that Cox should have claimed this credit at the treasury. The credits allowed to Hawkins's account cannot be altered by the accounting officer without the application of Hawkins's representatives, and proof of the mistake. They remain there, therefore, to his credit Suppose his representatives are sued, would they not be entitled to these credits? They would not be bound by the verdict in Cox's case, for they are not parties; ihey are returned non est inventus. It is not only the requirement of kw, therefore, but it is the dictate of justice, that Cox should furnish the accounting officer with the evidence of his claim to these credits; for otherwise, the United States may in the first instance be compelled to allow them to Cox. and afterwards to allow them again to Hawkins in the payment for the excess due beyond the penalty of the bond. As matters now stand, if Cox obtains the verdict, and Hawkins's representatives are sued, they have nothing to do but demand a copy of the transcript, and they prove him entitled to the credit The transcript is made to prove for both. If it proves Cox's claim, because they were entered after Hawkins's death, it will prove Hawkins's claim to them, because they are made in his name.. They may have been justly appended to Hawkinses credit if paid out of his funds; and if Cox is entitled to them, he ought to exhibit his proof to the accounting officer. The refusal to admit the account with the bank in evidence, is justified by the reasoning on the preceding point The account of Hawkins with the bank could be no ev...


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Product Details
  • ISBN-13: 9781150157127
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Edition: Abridged edition
  • Language: English
  • Returnable: N
  • Weight: 572 gr
  • ISBN-10: 1150157127
  • Publisher Date: 08 Feb 2012
  • Binding: Paperback
  • Height: 246 mm
  • No of Pages: 320
  • Spine Width: 17 mm
  • Width: 189 mm


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