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114 US 463 Pacific Nat Bank of Boston v. Mixter

114 U.S. 463

5 S.Ct. 944

29 L.Ed. 221

PACIFIC NAT. BANK OF BOSTON
v.
MIXTER.

April 20, 1885.

Joshua D. Ball, for motion.

A. A. Ranney, in opposition.

WAITE, C. J.

1

This motion is denied. Under section 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.