United States v. Horses

E.D. Pennsylvania

United States v. Horses

1 E.D. Pa. 531

DecidedOctober 28, 1861

StatusPublished

This text of 1 E.D. Pa. 531 (United States v. Horses) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Horses, 1 E.D. Pa. 531 (E.D. Pa. 1861).

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Opinion

CADWALADER, J.

I am of opinion that in this case the seizure having been on land the burden of proof is on the United-States, and that the proof is insufficient on their part upon each of the two points of alleged hostile ownership and of the alleged destination to a hostile State or district, and consequently that the prosecution cannot be maintained upon the statute on which it is founded. The claimants praying by their counsel in open court a simple 'decree of restitution without any order on the subject of costs or charges. It is ordered that the property seized be liberated from custody and restored to the claimant.

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CADWALADER, J.

I am of opinion that in this case the seizure having been on land the burden of proof is on the United-States, and that the proof is insufficient on their part upon each of the two points of alleged hostile ownership and of the alleged destination to a hostile State or district, and consequently that the prosecution cannot be maintained upon the statute on which it is founded. The claimants praying by their counsel in open court a simple 'decree of restitution without any order on the subject of costs or charges. It is ordered that the property seized be liberated from custody and restored to the claimant.

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Bluebook (online)

1 E.D. Pa. 531, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-horses-paed-1861.