Bassett
Bassett v. United States
Opinion
Lead Opinion
James, J.
Judgment was entered against plaintiffs in error, A. Pincolini and G. D. Madalena, for want of appearance or answer upon the return of scire facias. The persons named were sureties on a bail bond taken before a United States commissioner, the obligation of which was that one C. W. Bassett would appear in the United States District Court for the District of Nevada and answer a charge of conspiracy; otherwise, that the principal and sureties would pay to the United States the sum of $10,000. The writ was issued on the 28th day of January, 1926. The return time fixed therein was the 8th day of February, 1926. Service of the writ was made by the United States marshal on the sureties on January 29, 1926. The principal on the bond (the defaulting defendant in the criminal case) could not be found. There was recited in the writ all necessary facts to fully apprise the respondents of the issues; the writ was fuller ip such statement than was held sufficient in Hollister v. United States (C. C. A. 8) 145 F. 773 . The judgment, which was in written form and signed by the judge, was filed in the clerk’s office after the time for appearance had passed on the 8th day of February, 1926, and it,…