Continental Casualty Co. v. United States, 314 U.S. 527 (1942)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Continental Casualty Co. v. United States, 314 U.S. 527 (1942)
Continental Casualty Co. v. United States No. 39 Argued November 1, 19, 1941 Decided January 5, 1942 314 U.S. 527
ON CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT
Syllabus
1. Revised Statutes § 1020, 18 U.S.C. § 601, provides that, when any recognizance in a criminal case returnable to any court of the United States is forfeited by a breach of the conditions thereof, such court may remit the whole or a part of the penalty whenever it appears that there has been no
willful default of the party, and that a trial can, notwithstanding, be had in the cause, and that public justice does not otherwise require the same penalty to be enforced.
Held:
(1) That this statute is the exclusive source of the power of the District Court at any time to remit the forfeiture of a recognizance in a criminal cause.
(2) The word "party" appearing in the phrase "willful default of the party," means only the principal in the recognizance; it does not include the surety. P. 530.
2. Where the words of the Revised Statutes are clear, their meaning may not be changed by resort to the prior law. P. 530.
Response to questions certified by the Circuit Court of Appeals on a review by that court of a judgment of the District Court, 34 F.Supp. 1007, which dismissed a petition praying that forfeiture of a recognizance be remitted. The petitioners were the surety and its indemnitor.
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Chicago: U.S. Supreme Court, "Syllabus," Continental Casualty Co. v. United States, 314 U.S. 527 (1942) in 314 U.S. 527 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=Z2ZKEHEGITKY7QA.
MLA: U.S. Supreme Court. "Syllabus." Continental Casualty Co. v. United States, 314 U.S. 527 (1942), in 314 U.S. 527, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=Z2ZKEHEGITKY7QA.
Harvard: U.S. Supreme Court, 'Syllabus' in Continental Casualty Co. v. United States, 314 U.S. 527 (1942). cited in 1942, 314 U.S. 527. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=Z2ZKEHEGITKY7QA.
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