Page:Federal Reporter, 1st Series, Volume 1.djvu/119

 'ÎILBERT V. QUIMBY. 111 �ture as well as present laws and expenses, so far as they are germane to the ofSce; and, moreorer, the condition is gen- erai to account as such disbursing agent, which is an under- taking to account as such public agents are by law required to account. �The defendants took no exceptions to the rulings of the district judge, but it was necessary to consider th'e ponts which I have decided, not only because it cornes within the exceptions of the plaintiS, but because, if upon the admitted facts the bond was void, the judge was right in ordering a verdict for the defendants. �I do not find it necessary to decide whether any case is made by the declaration, because that may be ameiided; nor whether a part of the transcripts from the treasury depart- ment was not properly verified, because, before the next trial, a further verification may be obtained. So far, however, as the defendants' objection is that the collector was only bound to pay the expenses of his district at some time, before or after he had left office, and that the bond does not require him to pay anything to the United States under any circum- stances, I ought to say that, in my opinion, the condition to account and pay over obliges him to pay the expenses while he holds office, and that, when he retires, he must pay the balance in his hands to his successor, or to some other officer duly authorized by the United States to receive it. Upon the broad ground which I have been considering the order must be for a venire de novo. ���Gilbert v. Quimbt and others. �{Uircuit Court, S. B. New Ym-k. January 20, 18S0.) �Bankrttptcy — Attachmbnt op Dividend — Equitable Uelœf. — A bill in equity will not lie in favor of a partnership creditor, to reatrain the application of a dividend in the hands of an assignee in bankruptcy to the debt of an individual creditor, where both of the cj-editors have attajl.ed suth dividend under process issued by a state court. ��� �