Legal Opinion

United States v. One Cadillac Eight Automobile

District Court, M.D. Tennessee

Decided December 24, 1918No. 1234PublishedCited by 6 opinions

Forfeiture. Libel by United States for forfeiture of Cadillac Eight Automobile, alleged to have been used in transporting intoxicating liquor from Kentucky into Tennessee. Answer by claimant, W. B. Winter, incorporating defense in the nature of demurrer to the libel.

1Opinion of the Court

SANFORD, District Judge.

[1] The answer of the claimant in effect incorporates a demurrer to the lihel. This has been argued by counsel, with the understanding that technical questions of pleading are waived, and that the question submitted for determination is whether, on the face of the libel, a case is made out for the forfeiture of the automobile in question.

The libel alleges that the automobile was used in transporting intoxicating liquor from Kentucky into Tennessee in violation of section 5 of the Act of March 3, 1917, c. 162, 39 Stat. 1058, 1069 (Comp. St. 1918, §§ 8739a,…

2Cases cited5 opinions

  1. Minis v. United StatesSupreme Court of the United States · 1841
  2. Joplin Mercantile Co. v. United StatesSupreme Court of the United States · 1915
  3. Ex Parte Webb.Supreme Court of the United States · 1912
  4. United States v. One Buick Roadster AutomobileDistrict Court, E.D. Oklahoma · 1917
  5. United States v. Steam Boat CoraSupreme Court Of The Territory Of Dakota · 1867

3Cited by6 opinions

  1. One Hudson Super-Six Automobile v. StateSupreme Court of Oklahoma · 1920
  2. United States v. FranzioneDistrict Court, District of Columbia · 1923
  3. Ford v. United StatesCourt of Appeals for the Eighth Circuit · 1919
  4. Commercial Credit Co. v. State Ex Rel.Supreme Court of Oklahoma · 1932
  5. One Chrysler Coupe v. StateSupreme Court of Oklahoma · 1930

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