United States v. Hughes
District Court, S.D. New York
This was an action of debt to recover from the defendants (George Hughes and others] the value of certain importations of merchandise alleged to have been entered by them at the custom house in New York City, on fraudulent invoices. The suit was begun on December 10th, 1873. The defense was a general denial.
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This was an action of debt to recover from the defendants (George Hughes and others] the value of certain importations of merchandise alleged to have been entered by them at the custom house in New York City, on fraudulent invoices. The suit was begun on December 10th, 1873. The defense was a general denial. On the trial of the cause, the district attorney of the United States moved, under the 5th section of the act of June 22d, 1874 (18 Stat. 178), that the defendants be notified to produce certain books and papers, specifying in the notice of motion the facts which the government expected…
1Opinion of the Court
BLATCHFORD, District Judge.
I have no hesitation in saying that the 5th section of the act of June 22d, 1874 (18 Stat. 178), so far as it applies to this suit, is an ex post facto law, and therefore, unconstitutional and void. The language of that section is as follows: “Sec. 5. That in all suits and proceedings other, than criminal, arising under any of the .revenue laws of the United States, the attorney representing the government, whenever, in his belief, any business book, invoice, or paper, belonging to or under tbe control of the defendant or claimant, will tend to prove any allegation…
2Cited by2 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- Boyd v. United StatesSupreme Court of the United States · 1886