Conway v. Stannard
Supreme Court of the United States
On certificate of division between the judges of the Circuit Court for the District'of Vermont; the case being thusc: Before the act of July 18th, 1866,* was passed it was necessary, in all cases of seizure of property for violation of the revenue laws, to institute proceedings in court for its condemnation.
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On certificate of division between the judges of the Circuit Court for the District'of Vermont; the case being thusc: Before the act of July 18th, 1866,* was passed it was necessary, in all cases of seizure of property for violation of the revenue laws, to institute proceedings in court for its condemnation. The statute referred to effected a change in the mode of proceeding where the property in question did not exceed in value $500, aud provided a way in which the title of the owner could be divested without enforcing the forfeiture in court. By the eleventh section the seizing officer was…
1Opinion of the CourtJustice Davis
It is conceded by the demurrer that the property was subject to forfeiture, but the counsel for the plaintiff insists that the officer sold it before, by law, he had a right to do so, and that this act' makes him liable as a trespasser ab initio. It is unnecessary to consider the last point, because, in our opinion, the seizing officer observed the requirements of the statute on this subject, and is, therefore, protected from suit.
It is further insisted, on the part of the plaintiff, that he was allowed by the terms of the section twenty days from notice of seizure within which to prefer his…
2Cited by8 opinions
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- United States v. One Tintoretto Painting Entitled "The Holy Family With Saint Catherine And Honored Donor"Court of Appeals for the Second Circuit · 1982
- Daniels v. HomerSupreme Court of North Carolina · 1905
- Daniels v. . HomerSupreme Court of North Carolina · 1905
- Bramble v. KleindienstDistrict Court, D. Colorado · 1973
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