United States v. Seattle Brewing & Malting Co.
District Court, D. Washington
On Demurrer to Special Plea. Civil action by the United States to collect a fine of $500, for which the defendant is alleged to have become liable under section 3449, Rev. St. [U. S. Comp. St. 1901, p. 2277], for having caused the transportation of certain casks containing bottled beer from its place of business, in the city of Seattle, to a place in Chelan county, in this state; said casks being falsely marked and designated as containing bottled soda water.
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On Demurrer to Special Plea. Civil action by the United States to collect a fine of $500, for which the defendant is alleged to have become liable under section 3449, Rev. St. [U. S. Comp. St. 1901, p. 2277], for having caused the transportation of certain casks containing bottled beer from its place of business, in the city of Seattle, to a place in Chelan county, in this state; said casks being falsely marked and designated as containing bottled soda water. In its answer the defendant pleads as an affirmative defense that previous to the commencement of this action the defendant was…
1Opinion of the Court
HANFORD, District Judge.
The question whether the government, after having been defeated in the prosecution of a criminal case against a defendant for the doing of a prohibited act, may, by waging a civil action against him, enforce the provisions of a penal statute by condemnation of property as forfeited, and compelling the defendant to pay a fine, was. learnedly discussed and finally determined by the Supreme Court of the United States in the case of Coffey v. United States, 116 U. S. 436, 444, 6 Sup. Ct. 437, 29 L. Ed. 684. In later decisions by the Supreme Court the Coffey Case has been…
2Cases cited2 opinions
- Coffey v. United StatesSupreme Court of the United States · 1886
- Stone v. United StatesSupreme Court of the United States · 1897
3Cited by6 opinions
- United States v. GramerCourt of Appeals for the Ninth Circuit · 1951
- Stewart v. StateCourt of Appeals of Texas · 1951
- United States v. Manufacturing Apparatus, Oleomargarine, & Raw Materials of Western Oleomargarine Co.District Court, D. Colorado · 1916
- National Surety Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1927
- United States v. One 1935 Model Pontiac Sedan Automobile, Motor No. 6-11834District Court, W.D. Kentucky · 1936
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