Page:Federal Reporter, 1st Series, Volume 8.djvu/93

UNITED STATES V. SAVAGE. T9 �impossible; tod cost the defendant more than the amoiint of any probable deficiency. !• �Under the eircunistances, it is much more just and reasonable thai the plaintiff should be denied a new trial, rather than that the defend, ant should incur the risk of having a judgment rendered against her for $7,000 or $8,000, beoause by the death of Logan and theinexcus. able delay of the former, it is no longer possible to make legal proof of the facts and circumstances as they actually transpired. �Another reason against allowing this motion, under the circum- stances, is this : These bonds having been taken upon a larger condi- tion than the law requires, to-wit, that the principal would account for all money and property which came into his hands, whether as Indian agent or otherwi8e,^-and, as alleged on the absolute demand of the com-* missioner of Indian affairs, — it is doubtful, under the authorities cited and eommented on in the opinion hereinof December 15, 1879, (U. Si V. Tingey, 5 Pet. 115 ; Hawes v. Marchant, 1 Cur. leO,) if they are legal. In my own judgment, they ought to be held valid, in any event, as to money and property received by the principal under them, as In'- dian agent, but no further. U. S. v. Braaly, 10 Pet. 343, �The motion for a new trial is denied, and the defendant must have judgment that she go hence without day. ���United States v. Isaacs. �Action at Law. ' �jRit/Ms MaZiprj/, for the United States, �Seweca /Smii/i, for defendant. �Deady, D. J. The motion for a new trial in this case resta upoq the same grounds as the preceding oue, and is denied for the same reason. ���UniTed States v. Savagb. �Action at Law. �Bufus Mallory, for the United States. �W.H. Effingef,tot a&huA&rA. i �Deady, D. J. In this case the motion for a new trial is based tipon the further ground that when the order was made, in pursuance of the stipulation of the parties, including thisca-Se within the verdict in the U, S. v. Humason, there was no answer to the complaint ��� �