UNITED STATES v. CAPUA

No. 6217.

94 F.2d 292 (1938)

UNITED STATES v. CAPUA et al.

Circuit Court of Appeals, Seventh Circuit.

January 26, 1938.


Attorney(s) appearing for the Case

James R. Fleming, U. S. Atty., of Fort Wayne, Ind., Luther M. Swygert, Asst. U. S. Atty., of Hammond, Ind., and Alexander M. Campbell, Asst. U. S. Atty., of Fort Wayne, Ind., for appellant.

Before EVANS and SPARKS, Circuit Judges, and LINDLEY, District Judge.


LINDLEY, District Judge.

The government appeals from an order of the District Court dismissing a writ of scire facias issued upon its petition, wherein it sought to recover the penalty upon a defaulted bail bond in the sum of $1,000 executed by defendants as sureties.

This bond called for the appearance in court of the principal, one Crema, who had been indicted for violation of the National Prohibition Act, 27 U.S.C.A. § 1 et seq. The petition, filed...

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