United States v. One Fageol Truck

Ninth Circuit

United States v. One Fageol Truck

17 F.2d 373, 1927 U.S. App. LEXIS 2951

CourtCourt of Appeals for the Ninth Circuit

DecidedFebruary 7, 1927

DocketNo. 4518

StatusPublished

Cited by1 cases

This text of 17 F.2d 373 (United States v. One Fageol Truck) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. One Fageol Truck, 17 F.2d 373, 1927 U.S. App. LEXIS 2951 (9th Cir. 1927).

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Opinion

PER CURIAM.

The libel or information in this ease is in the usual form, and, inasmuch as it does not appear from the record that the driver of the truck was prosecuted with effect, or at all, for transporting intoxicating liquor in violation of the National Prohibition Act (Comp. St. § 10138% et seq.), the libel states a cause of action for forfeiture under section 3450 of the Revised Statutes (Comp. St. § 6352). United States v. One Ford Coupé Automobile, 47 S. Ct. 154, 71 L. Ed.-, and Port Gardner Investment Co. v. United States, 47 S. Ct. 165, 71 L. Ed. -, decided by the Supreme Court, November 23, 1926.

The ruling of the court sustaining exceptions to the libel was therefore erroneous, and for this error the decree is reversed, and the cause is remanded for further proceedings.

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PER CURIAM.

The libel or information in this ease is in the usual form, and, inasmuch as it does not appear from the record that the driver of the truck was prosecuted with effect, or at all, for transporting intoxicating liquor in violation of the National Prohibition Act (Comp. St. § 10138% et seq.), the libel states a cause of action for forfeiture under section 3450 of the Revised Statutes (Comp. St. § 6352). United States v. One Ford Coupé Automobile, 47 S. Ct. 154, 71 L. Ed.-, and Port Gardner Investment Co. v. United States, 47 S. Ct. 165, 71 L. Ed. -, decided by the Supreme Court, November 23, 1926.

The ruling of the court sustaining exceptions to the libel was therefore erroneous, and for this error the decree is reversed, and the cause is remanded for further proceedings.

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Bluebook (online)

17 F.2d 373, 1927 U.S. App. LEXIS 2951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-one-fageol-truck-ca9-1927.

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