Legal Opinion

Averill v. Smith

Supreme Court of the United States

Decided April 28, 1873PublishedCited by 15 opinions

Error.to the Circuit Court for the Northern District of New York. An act of Congress of February 24th, 1807,* enacts: “That when any prosecution shall be commenced on account of the seizure of any ship or vessel, goods, wares, or merchandise, made by any collector or other officer, .under any act of Congress, authorizing such seizure, and judgment shall be given ■for the claimant or claimants, if it shall appear to the court before whom such prosecution shall bo tried, that…

Read the full summary

Error.to the Circuit Court for the Northern District of New York. An act of Congress of February 24th, 1807,* enacts: “That when any prosecution shall be commenced on account of the seizure of any ship or vessel, goods, wares, or merchandise, made by any collector or other officer, .under any act of Congress, authorizing such seizure, and judgment shall be given ■for the claimant or claimants, if it shall appear to the court before whom such prosecution shall bo tried, that there was a ¡reasonable cause of seizure, the s.aid court shall cause a proper ■ certificate or entry to bo made…

1Opinion of the CourtJustice Clifford

Judgments rendered in the Circuit Court, in any civil action against a collector or other officer of the revenue, for any act done by him in the performance of his official duty, or for the recovery of any money exacted by or paid to him, which shall have beeu paid into the treasury, may, at the instance of either party, be re-examined and reversed or affirmed in this court upon writ of error, without regal'd to the sum or value in controversy in such' action. *

Certain personal property belonging to the plaintiff, consisting of four hundred and three gallons of whisky and the barrels in which…

2Cases cited6 opinions

  1. Locke v. United StatesSupreme Court of the United States · 1813
  2. The Apollon.Supreme Court of the United States · 1824
  3. Gelston v. HoytSupreme Court of the United States · 1818
  4. Doolittle v. BlakesleySupreme Court of Connecticut · 1810
  5. Union Bank of Georgetown v. SmithU.S. Circuit Court for the District of District of Columbia · 1830

1 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. States Marine Lines, Inc. v. George P. Shultz, Secretary of the TreasuryCourt of Appeals for the Fourth Circuit · 1974
  2. United States v. Quintana-AguayoCourt of Appeals for the First Circuit · 2000
  3. Agnew v. HaymesCourt of Appeals for the Fourth Circuit · 1905
  4. Hammel v. LittleCourt of Appeals for the D.C. Circuit · 1936
  5. United States v. Tito Campanella Societa Di NavigazioneCourt of Appeals for the Fourth Circuit · 1954

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API