Legal Opinion

Enterprise Sav. Ass'n v. Zumstein

Court of Appeals for the Sixth Circuit

Decided May 13, 1895No. 275PublishedCited by 19 opinions

Appeal from the Circuit Court of tlie United States for the Southern District of Ohio. The complainant is a corporation organized under the laws of the state ot West Virginia, and brings this bill against John Zumstein, as postmaster of the city of Cincinnati.

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Appeal from the Circuit Court of tlie United States for the Southern District of Ohio. The complainant is a corporation organized under the laws of the state ot West Virginia, and brings this bill against John Zumstein, as postmaster of the city of Cincinnati. The bill complains that the defendant, in his official capacity as postmaster of the city of Cincinnati, having control of the collection. distribution, receipt, and delivery of the mails of registered letters, and of the payment of postal orders, has arbitrarily, illegally, and without right, undertaken to interfere with, stop, and…

1Opinion of the Court 1

After stating the facts as above,

2Opinion of the Court · LurtonLurton, Circuit Judge

The question for decision is as to the conclusiveness of the order of the postmaster general directing the postmaster at Cincinnati to return all registered letters which were directed to the complainant association, and forbidding the payment of money orders drawn to the order of said association. By section 889á, Rev. St., as amended by the act of 1890, the use of the mails for carrying or distributing letters or circulars concerning any lottery or similar enterprise is prohibited, and the depositing of such prohibited matter in the mail knowingly, and with…

3Cases cited11 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Ex Parte JacksonSupreme Court of the United States · 1878
  3. Decatur v. PauldingSupreme Court of the United States · 1840
  4. Mississippi v. JohnsonSupreme Court of the United States · 1867
  5. McIntire v. WoodSupreme Court of the United States · 1813

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4Cited by19 opinions

  1. State v. LordOregon Supreme Court · 1896
  2. National Conference on Legalizing Lotteries, Inc. v. GoldmanCourt of Appeals for the Second Circuit · 1936
  3. Farley v. HeiningerCourt of Appeals for the D.C. Circuit · 1939
  4. People's United States Bank v. GilsonU.S. Circuit Court for the District of Eastern Missouri · 1905
  5. Putnam v. NorbladOregon Supreme Court · 1930

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