Supreme Court of the United States, 1885

Pacific Bank v. Mixter

Pacific Bank v. Mixter
Supreme Court of the United States · Decided April 20, 1885 · Waite
114 U.S. 463; 5 S. Ct. 944; 29 L. Ed. 221; 1885 U.S. LEXIS 1781 (United States Reports)

Counsel

Mr. Joshua D. Ball for the motion., Mr. A. A. Romney opposing.

Pacific Bank v. Mixter

Cases that cite this one

10 later published cases cite this decision.

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Opinion

*464 Me. Chief Justice "Waite

delivered the opinion of the court.

Under § 1001 of the Revised Statutes no bond for the prosecution of the suit, or to answer in damages or costs, is required on writs of error or appeals issuing from or brought to this court by direction of the Comptroller of the Currency in suits by or against insolvent national banks, or the receivers thereof. This is such a case.

There is abundant evidence in the record that the direction from the comptroller to the receiver was to take out a writ of error in this case, although, by mistake in one of the papers, Henry Mixter was' named as the plaintiff instead of George Mixter.

Motion denied.

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