ORDER OF COURT.

THERE having been an Associate Justice of this Court appointed since its last session, it is ordered that the following allotment be made of the Chief Justice and the Associate Justices of said Court among the Circuits, agreeably to the act of Congress in such case made and provided; and that such allotment be entered of record, viz. :

For the 2d Circuit.

For the 1st Circuit. The Honorable LEVI Woodbury.
The Honorable SAMUEL NELSON.
For the 3d Circuit. The Honorable
For the 4th Circuit.
For the 5th Circuit.
For the 6th Circuit.
For the 7th Circuit.
For the 8th Circuit.

The Honorable ROGER B. TANEY, C. J.
The Honorable JOHN MCKINLEY.
The Honorable JAMES M. WAYNE.
The Honorable JoHN McLean.

The Honorable JOHN CATRON.

For the 9th Circuit. The Honorable PETER V. DANIEL.

LIST OF CASES REPORTED.

Agricultural Bank of Mississippi et al. v. Rice et al.

Alexander v. Buchanan

Anderson v. Hardeman
Aspden et al. v. Nixon et al.

Carpenter v. Providence Washington Insurance Co.
Clarke v. Brown

Clifton v. United States

Cookendorfer v. Preston

THE DECISIONS

OF THE

SUPREME COURT OF THE UNITED STATES,

AT

JANUARY TERM, 1846.

WILLIAM M. GWINN, MARSHAL, PLAINTIFF IN ERROR, v. BUCHAN.'", HAGAN, & Co., FOR THE USE OF WILLIAM HOLLIDAY & Co.

A plaintiff has a right to direct a deputy-marshal to receive a certain description of money in satisfaction of an execution.

But the deputy-marshal ther acts as agent of the plaintiff, and not as agent of the marshal.

If, therefore, the plaintiff, when he does this, gives to the deputy-marshal other instructions, which are disobeyed, the marshal himself is not responsible, but the plaintiff must look to the deputy.

THIS case was brought up, by writ of error, from the Circuit Court of the United States for the District of Mississippi.

A judgment was obtained in that court, at May ter, 1839, by the defendants in error against Ephraim Gwinn and James Ballance, for the sum of $2,679.88, with interest at the rate of eight per cent., from the 27th of May, 1839, until paid, and costs.

An execution was sued out upon this judgment on the 28th of June, 1839, and property of the defendants levied upon to the amount due on the execution, which property was suffered to remain in their possession, according to a law of that State, upon their executing a forthcoming bond with sufficient security. This bond was returned by William M. Gwinn, the marshal, at the next term (November term, 1839), "forfeited," whereby the said bond, according to the laws of Mississippi, had the force and effect of a judgment against the defendants in the original judgment, and their securities in the said bond.

Upon this last mentioned judgment, another fi. fa. was issued on the 19th of December, 1839, returnable to the next term of the court, to be held on the first Monday of May, 1840. This fi.fa. came to the hands of the marshal (the plaintiff in error), and was placed by him in the hands of T. M. Ferguson, one of his depu