United States v. Foreman

HOLMES, Circuit Judge.

This appeal is from a judgment sustaining a demurrer and dismissing a libel for the forfeiture of certain money, on the ground that neither cause nor right of action was stated.

The libel is substantially in the language of Revised Statutes, § 3453, 26 U.S.C.A. § 1620(a) (2),1 Land seeks the forfeiture of $656 in currency and coin seized on the premises of appellee at the time of his arrest for the sale of tax-unpaid liquors, a small quantity of liquor being seized at the same time. Appellee does not question the right of appellant to seize and forfeit money under section…