any rights of recovery over against any other party. Nor do I perceive how such a point could be made by an agent who pays over immediately, as in the answer it is admitted that the defendant did, without waiting for the result of the examination.
The point made, that knowledge on the part of the defendant that the bond was received subject to examination and acceptance at Washington is not equivalent to notice not to pay over, and does not affect the defendant, is untenable, because, as held above, the assistant treasurer had no authority, even thus provisionally, to recognize and treat with the defendant as an agent of another, except subject to the examination and approval of the secretary; and the secretary, having disapproved and disaffirmed his action in the promises, the defendant can have no benefit therefrom.
Verdict in favor of the defendant set aside, and judgment for the plaintiff in the special verdict.
McArthur and others v. Allen and others.[1]
(Circuit Court, S. D. Ohio.July, 1880.)
- a. Proceeding to Set Aside Will—In Rem.—A proceeding to set aside a will, under this statute, is a proceeding in rem.
- b. Same—Parties.—In such a proceeding every one interested may become a party to the record, but there are, strictly speaking, no parties. The rights of the parties are not determined. The legal status of the will—whether the instrument is the last will of the testator—is the only question in issue.
- ↑ Reported by Messrs. Florien Giauque and J. C. Harper, of the Cincinnati Bar.
