
52 U.S. 22 (____)
11 How. 22
THE UNITED STATES, PLAINTIFFS IN ERROR,
v.
JAMES A. GIRAULT, WILLIAM M. GWIN, HAY BATTLE HARRISON, AND ALEXANDER J. McMURTRY.
Supreme Court of United States.

*24 It was submitted on printed arguments by Mr. Crittenden (Attorney-General), for the United States, and Mr. Cocke, for the defendants.
Mr. Crittenden, for the appellants.
*28 Mr. Justice NELSON delivered the opinion of the court.
This is a writ of error to the District Court held in and for the Northern District of Mississippi.
The action was brought on the official bond of Girault, a receiver of the public money, against him and his sureties. The bond is dated the 8th of July, 1838, and conditioned that he shall faithfully execute and discharge the duties of the office of receiver.
The breach assigned is, that onentry of certain lands therein specified, and returned the same to the Treasury Department, to the amount of ten thousand dollars, and of which the amount in the declaration mentioned was part and parcel. And that neither the ten thousand dollars, nor any part thereof, was paid to or received by him, the said Girault.
3. The same as the second, except that the receipts given were for several parcels of land entered by Girault for his own use.
4. That no public moneys of the United States came to the hands of Girault, as receiver, after the execution of the bond, nor were there any received by him, for which the defendants were accountable by virtue of said bond, prior to the execution of the same, remaining in his