Page:Federal Reporter, 1st Series, Volume 10.djvu/92

 80 FEDERAL REPORTBB. �But ii IB not a praetical question in this case, in any view, for the reason that there can be no surplus to pay it. �EE8IDUAET LEGATEES. �The residuary legatees cannot reeover anything against the executer in this cause. It is a bill which bas no other purpose, and can properly have none other, than to aseertain the amount due the plain- tiff and to enforce its payment. Payne v. Hook, 7 Wall. 425 ; Hook V. Payne, 14 Wall. 25a ; Haines v. Carpenter, 1 Woods, 262. Whether, under any circumstances, we would have jurisdietion to decree relief to the residuary legatees against the executer, they all being citizens of this state, I need not now inquire. There are no assets for distri- bution, and they are entitled to no other relief, in my view of the case. �Let the proper decree be drawn, according to the principles laid down in this opinion, in favor of the plaintiff, as prescribed by the eighth equity rule. �Note. See Hall v. Law, 102 U. S. 461, 466, on statutes of limitation in a court of equity. ���White and others v. Abthub.* �* [Circuit Court, 8. B. New York. January 25, 1882.) �"u. BUITS AGA1N8T COLLBCTOES TO KBCOVKB DUTIBS — LlABILITT OP GoVERN- MBNT IN. �A suit against a coilector of customs is a private suit, and there is no claim against the government until a certiflcate of probable cause under section 989, Kev. St., bas been obtained from the court; then the government assumes a certain liability. �2. SAMH— JUDGMENT Di — LlABILITT FOR INTBKEST ON. �Liability of government for interest on a judgment against collector must be created by statute. It cannot be implied. �3. Same— Refunding of Dutibs — Acts of Congress Relative to, �The various acts of congress relative to refundingof duties illegally exacted, and interest thereon, reviewed and commented on, and the conclusion drawn that the liability assumed by government does not include the payment of interest upon judgments recovered against collectors of customs, and that such interest cannot be collected. �•Reported by S. Nelson White, Esq., of the New Vork bar. ��� �