Legal Opinion
United States v. 20 Strings Seed Pearls
District Court, S.D. New York
Decided July 3, 1929PublishedCited by 40 opinions
1Opinion of the Court
L. HAND, Circuit Judge.
The claimant moves for decree upon libel and answer. His theory is that the defense is good against both causes of forfeiture, one, under section 497 of the Tariff Act of 1922, the other, under section 593(b), 19 USCA §§ 369', 497. He seems to suppose that on such a motion the allegations of the answer must be taken as true. But this is obviously not the ease, unless I can take judicial notice of matters of record on file in this court; that is, the proceedings in the criminal prosecution. These are not annexed to the answer and I have nothing before me but the…
2Cases cited4 opinions
- Coffey v. United StatesSupreme Court of the United States · 1886
- United States v. One Pearl NecklaceCourt of Appeals for the Second Circuit · 1901
- Dodge v. United StatesCourt of Appeals for the Second Circuit · 1904
- United States v. Two BasketsCourt of Appeals for the Second Circuit · 1913
3Cited by40 opinions
- Weitzenkorn v. LesserCalifornia Supreme Court · 1953
- Harold Lloyd Corporation v. WitwerCourt of Appeals for the Ninth Circuit · 1933
- Stanley v. Columbia Broadcasting System, Inc.California Supreme Court · 1950
- Golding v. R.K.O. Pictures, Inc.California Supreme Court · 1950
- Overman v. LoesserCourt of Appeals for the Ninth Circuit · 1953
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