United States v. Five Hundred & Twenty-seven Birds of Paradise & One Trunk

Fifth Circuit

United States v. Five Hundred & Twenty-seven Birds of Paradise & One Trunk

237 F. 1022, 150 C.C.A. 670, 1916 U.S. App. LEXIS 2041

CourtCourt of Appeals for the Fifth Circuit

DecidedDecember 18, 1916

DocketNo. 2961

StatusPublished

This text of 237 F. 1022 (United States v. Five Hundred & Twenty-seven Birds of Paradise & One Trunk) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Five Hundred & Twenty-seven Birds of Paradise & One Trunk, 237 F. 1022, 150 C.C.A. 670, 1916 U.S. App. LEXIS 2041 (5th Cir. 1916).

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Opinion

PER CURIAM.

The condemnation of the property as forfeited to the United States in this case was correct and proper; but we find that part of the decree and the amendment thereto which ordered a public sale of the goods is not in consonance with the purpose and intent of the law (paragraph 347, Schedule N, Act Oct. 3, 1913, 38 Stat. 148, c. 16), and to that extent the decree should be amended, by striking out and vacating the provisions ordering a sale of the condemned and forfeited goods, and providing in lieu thereof that said condemned goods be delivered to the Secretary of the Treasury of the United States, to be disposed of as he shall direct, and, as so amended, the decree affirmed; and It is so ordered.

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PER CURIAM.

The condemnation of the property as forfeited to the United States in this case was correct and proper; but we find that part of the decree and the amendment thereto which ordered a public sale of the goods is not in consonance with the purpose and intent of the law (paragraph 347, Schedule N, Act Oct. 3, 1913, 38 Stat. 148, c. 16), and to that extent the decree should be amended, by striking out and vacating the provisions ordering a sale of the condemned and forfeited goods, and providing in lieu thereof that said condemned goods be delivered to the Secretary of the Treasury of the United States, to be disposed of as he shall direct, and, as so amended, the decree affirmed; and It is so ordered.

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Bluebook (online)

237 F. 1022, 150 C.C.A. 670, 1916 U.S. App. LEXIS 2041, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-five-hundred-twenty-seven-birds-of-paradise-one-trunk-ca5-1916.