Legal Opinion

Fitzhugh v. Mitchell

District Court, N.D. California

Decided January 12, 1922No. 651PublishedCited by 3 opinions

In Equity. Suit.by William McPherson Eitzhugh against E. Forrest Mitchell, United States Prohibition Director, etc., and others.

1Opinion of the Court

DOOLING, District Judge.

This is an action in equity to secure the transfer of 43 cases of whisky from the Sea Wall bonded warehouse to the home of plaintiff for his personal use and the personal use of his family and of bona fide guests entertained by him therein. The bill avers that on January 11, 1920, and before the Eighteenth Amendment to the Constitution went into effect, plaintiff became the owner of the whisky in question, which was then in storage in the warehouse, and became entitled to the possession thereof upon payment to the government of all duties and taxes thereon; that on the…

2Cases cited3 opinions

  1. Street v. Lincoln Safe Deposit Co.Supreme Court of the United States · 1920
  2. Gnerich v. YellowleyCourt of Appeals for the Ninth Circuit · 1922
  3. Lacks v. MitchellDistrict Court, N.D. California · 1921

3Cited by3 opinions

  1. People v. RuddickCalifornia Court of Appeal · 1930
  2. McNally v. JacksonDistrict Court, E.D. Louisiana · 1925
  3. United States v. KellyDistrict Court, D. Maryland · 1928

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