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" ... official duty, and the court certifies that there was probable cause for the act done by the collector or other officer, or that he acted under the directions of the Secretary of the Treasury, or other proper officer of the Government, no execution... "
Annual Reports of the War Department - Page 226
by United States. War Department - 1876
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Congressional Serial Set

United States - 1901
..."—not judgment, but " execution "—" no execution shall issue against the collector or other officer, but the amount so recovered shall, upon final judgment,...out of the proper appropriation from the Treasury." This section seems almost to have contemplated this precise case and was referred to in the case of...
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A Treatise on Federal Practice: Including Practice in Bankruptcy, Admiralty ...

Roger Foster - Courts - 1901
...proper officer of the government, no execution shall issue against such collector or other officer, but the amount so recovered shall upon final judgment...out of the proper appropriation from the Treasury." 21 The 20 U. a R a, 987; Cambuston v. 80; Flanders v. Seelye, 105 U. a 7ia U. a, 95 U. a 285, 288:...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 182

United States. Supreme Court - Law reports, digests, etc - 1901
...proper officer of the Government, no execution shall issue against such collector or other officer, but the amount so recovered shall, upon final judgment,...provided for and paid out of the proper appropriation for the Treasury." It would seem to be beyond contradiction that this section — which is quite as...
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United States Reports, Supreme Court: Cases Argued and Adjudged ..., Volume 98

United States. Supreme Court - Law reports, digests, etc - 1904
...contended that the suit is in the nature of a suit against the United States, as the provision is that " the amount so recovered shall, upon final judgment, be provided for and paid out of the proper appropriations from the treasury." 12 Stat. 741. Cases of that kind present little or no difficulty...
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A Code of Federal Procedure: (Superseding Detsy's Federal ..., Volume 2

Walter Malins Rose - Bankruptcy - 1907 - 3186 pages
...proper officer of the government, no execution shall issue against such collector or other officer, but the amount so recovered shall, upon final judgment,...out of the proper appropriation from the treasury. RS 989, US Comp. Stat. 1901, p. 708. The above section was originally enacted in 1863.i< Its provisions...
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Instructions Concerning the Abatement and the Refunding of Taxes and ...

United States. Office of Internal Revenue - Tax refunds - 1911 - 47 pages
...proper officer of the Government, no execution shall issue against such collector or other officer; but the amount so recovered shall, upon final judgment,...out of the proper appropriation from the Treasury. In view of the foregoing provisions protecting the collector from personal liability in case the court...
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Internal-revenue Laws in Force March 4, 1911: With an Appendix Containing ...

United States - Internal revenue law - 1911 - 509 pages
...proper officer of the Government., no execution shall issue against such collector or other officer, but the amount so recovered shall, upon final judgment,...out of the proper appropriation from the Treasury. Section 3220, page 114. Payment of judgments against collectors. (United States v. Frerichs, 124 US,...
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Compiled Statutes of the United States, 1913: Embracing the ..., Volume 1

United States - Law - 1914 - 5686 pages
...proper officer of the Government, no execution shall issue against such collector or. other officer, but the amount so recovered shall, upon final judgment,...out of the proper appropriation from the Treasury. Act March 3, 1863, c. 76, 12, 12 Stat. 741. Provisions relating to the withholding of executions...
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A Treatise on the Law of Income Taxation Under Federal and State Laws

Henry Campbell Black - Income tax - 1915 - 865 pages
...proper officer of the government," and in that case, "no execution shall issue against the collector, but the amount so recovered shall, upon final judgment,...out of the proper appropriation from the Treasury." 88 And the rule as to costs in the case of recovery of judgment against the collector for taxes illegally...
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Decisions of the Comptroller of the Treasury, Volume 21

United States. Comptroller of the Treasury - Finance - 1915
...collector procured a certification of probable cause under section 989 and the judgment is therefore " to be provided for and paid out of the proper appropriation from the Treasury," language continuously recognized as meaning to be appropriated for by Congress and paid from the proper...
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