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United States v. Dashiel U.S. 688 (1866)

handle is hein.slavery/ussccases0410 and id is 1 raw text is: UNITED STATES V. DASHIEL. [Sup. Ct. Statement of the case. to them; whereby they waived their appeal, and are estopped to question the said decree in this court. On consideration, &c. MOTION OVERRULED. NOTE. This motion was decided in February, 1864, about a month before the present reporter was appointed, and is reported now by him from the rec- ords only. The decision, to which M1ILLER, J., referred counsel, from the bench, was much relied on by the attorney-general, in argument, in the next case; on which account specially the reporter presents the mat- ter; though, of necessity, in an imperfect way. It may be added, that the case coming on finally to be heard on its merits, the decree below was re- versed: and the case remanded, with directions to enter a decree which should give the complainant the whole $6000 claimed by him. UNITED STATES V. DASHIEL. 1. Where a writ of error is taken to this court by a plaintiff below, who pre- viously to taking the -vrit issues execution below and gets a partial but not a complete satisfaction on his judgment, the writ will not, in con- sequence of such execution merely, be dismissed. 2. Levy of an execution, even if made on personal property sufficient to satisfy the execution, is not satisfaction of the judgment, and, accord- ingly, therefore, does not extinguish it if the levy have been abandoned at the request of the debtor and for his advantage; as ex. gr. the better to enable him to find purchasers for his property. THE United States brought suit at common law- debt on bond-for $20,085.74 against Major Dashiel, a paymaster in the army of the United States, and his sureties. Dashiel denied every part of the demand, but claimed specially a de- duction of $13,000 from the sum sued for, on the ground that while travelling in remote regions of Florida. where he was going with the whole sum in gold coin to pay the army, he had, without the least want of care on his part, been robbed of about $16,000; as was proved among other ways by the fact that a portion of the money, $3000, easily iden-

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