United States v. Sixty-Five Casks Liquid Extracts
District Court, N.D. West Virginia
This libel proceeding seeks to confiscate 65 casks of liquid extracts under and by virtue of section 10, Act Cong. June 30, 1906, c. 3915, 34 Stat. 771 (U. S. Comp. St. Supp. 1907, p. 934), known as the “Rood and Drugs Act.” The Knowlton Danderine Company has intervened as the owner and resists the confiscation. The facts have been agreed, trial by jury has been waived, and all matters in controversy submitted to the court.
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This libel proceeding seeks to confiscate 65 casks of liquid extracts under and by virtue of section 10, Act Cong. June 30, 1906, c. 3915, 34 Stat. 771 (U. S. Comp. St. Supp. 1907, p. 934), known as the “Rood and Drugs Act.” The Knowlton Danderine Company has intervened as the owner and resists the confiscation. The facts have been agreed, trial by jury has been waived, and all matters in controversy submitted to the court. The facts so agreed are as follows: The said Knowlton Danderine Company is a corporation organized under the laws of the state of Illinois, having a warehouse, laboratory,…
1Opinion of the CourtDayton, District Judge
(after stating the facts as above). The defenses relied on are: (a) That the food and drugs act (Act June 30, 1906, c. 3915, 31- Staff 768 [U. S. Comp. St. Supp. 1907, p. 928]) does not require a drug product to be labeled, nor, if unlabeled, to bear any statement respecting the amount of alcohol contained, but, if labeled, the label must contain the statement. The casks in controversy were not labeled, therefore not subject to the provisions of the act. (b) The libel is predicated upon an examination of specimens under section 4 of the act; but the Secretary of Agriculture did not cause any…
2Cases cited6 opinions
- United States v. EatonSupreme Court of the United States · 1892
- Austin v. TennesseeSupreme Court of the United States · 1900
- In Re KollockSupreme Court of the United States · 1897
- Cook v. Marshall CountySupreme Court of Iowa · 1903
- United States v. Fifty Barrels of WhiskyDistrict Court, D. Maryland · 1908
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3Cited by15 opinions
- Stanton & Sons v. County of Los AngelesCalifornia Court of Appeal · 1947
- Arner Co. v. United StatesCourt of Appeals for the First Circuit · 1944
- United States v. King & Howe, Inc.Court of Appeals for the Second Circuit · 1935
- United States v. Two Barrels of Desiccated EggsDistrict Court, D. Minnesota · 1911
- United States v. George Spraul & Co.Court of Appeals for the Sixth Circuit · 1911
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