SMYER v. UNITED STATES

No. 4509.

6 F.2d 12 (1925)

SMYER et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

May 8, 1925.


Attorney(s) appearing for the Case

E. J. Smyer and B. F. Smith, both of Birmingham, Ala., for plaintiffs in error.

Jim C. Smith, Asst. U. S. Atty., of Birmingham, Ala.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


BRYAN, Circuit Judge.

This is a writ of error to review a judgment recovered by the United States in a suit upon the official bond of Rufus B. Smyer as postmaster at Birmingham. The bond is conditioned that the postmaster should "faithfully discharge all the duties and trusts imposed on him by law and by the regulations of the Post Office Department."

The facts were agreed upon. John A. Smith, a civil service employee, was assistant superintendent of mails...

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