UNITED STATES v. IRVING


42 U.S. 250 (____)

1 How. 250

THE UNITED STATES v. GABRIEL F. IRVING, JAMES E. DEKAY, FRANCIS R. TILLON, AND CHARLES P. CLINCH, SURVIVING EXECUTORS OF THE LAST WILL AND TESTAMENT OF HENRY ECKFORD, DECEASED.

Supreme Court of United States.


Attorney(s) appearing for the Case

Legaré attorney-general, on behalf of the United States.

Lord and Silas Wright, for the defendants.


Mr. Justice McLEAN delivered the opinion of the court.

This action was commenced in the Circuit Court for the southern district of New York, against the sureties of Swartwout, late collector of the customs at that city.

Swartwout was appointed collector by the President, the 1st of May, 1829; and continued to serve under such appointment until the 28th of March ensuing. On the 29th March, 1830, his nomination was sanctioned...

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