Legal Opinion

Two Hundred & Eighteen & One-Half Carats Loose Emeralds v. United States

Court of Appeals for the Second Circuit

Decided June 5, 1907No. 295PublishedCited by 8 opinions

In Error to the District Court of the United States for the Southern District of New York. This cause comes here upon writ of error by the claimant of certain loose, unpiereed, cut emeralds to review a judgment of forfeiture for violation of the revenue laws. The judgment was entered October 3, 190C, in the District Court, Southern District of New York.

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In Error to the District Court of the United States for the Southern District of New York. This cause comes here upon writ of error by the claimant of certain loose, unpiereed, cut emeralds to review a judgment of forfeiture for violation of the revenue laws. The judgment was entered October 3, 190C, in the District Court, Southern District of New York. Upon completion of the testimony, a verdict was directed in favor of the government; both sides having moved for a direction. Subsequently, upon motion for a new trial, the district judge filed an opinion, which is reported in 15S Fed. 643. It…

1Opinion of the CourtLacombe, Circuit Judge

(after stating the facts). The information sets forth four alleged cause.s of forfeiture., It will be necessary only to consider the second one, which charges a violation of the provisions of section 2802, Rev. St. U. S. [U. S. Comp. St. 1901, p. 1873]. That section reads as follows:

“Sec. 2802. (Penalty for concealing dutiable articles in baggage). Whenever. any article subject to duty is found in the baggage of any person arriving within the United States, which was not, at the time of making entry for such baggage, mentioned to the collector before whom such entry was made, by the person…

2Cases cited2 opinions

  1. One Pearl Chain v. United StatesCourt of Appeals for the Second Circuit · 1903
  2. United States v. One Pearl ChainCourt of Appeals for the Second Circuit · 1905

3Cited by8 opinions

  1. United States v. Vapsi Akiram Salas-CamachoCourt of Appeals for the Ninth Circuit · 1988
  2. Snarr v. CommonwealthSupreme Court of Virginia · 1921
  3. United States v. Matthew YipCourt of Appeals for the Second Circuit · 1991
  4. Wadel v. American Airlines, Inc.Court of Appeals of Texas · 1954
  5. Star Steel Supply Co. v. BowlesCourt of Appeals for the Sixth Circuit · 1947

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