Legal Opinion

United States v. Jacob Schmidt Brewing Co.

District Court, D. North Dakota

Decided December 28, 1918PublishedCited by 3 opinions

The Jacob Schmidt Brewing Company was convicted of violating Criminal Code, § 240 (Comp. St. 1916, § 10410), and, the conviction being affirmed on defendant’s writ of error, the question whether the United States was entitled to interest on the judgment, the defendant having given a stay bond, was submitted on stipulation of counsel.

1Opinion of the Court

AMIDON, District Judge.

A question has arisen in this case which is submitted to the court by stipulation of counsel. Defendant is charged in the indictment with violation of section 240 of the Criminal Code (Act March 4, 1909, c. 321, 35 Stat. 1137 [Comp. St. 1916, § 10410]), upon the ground that it shipped intoxicating liquors without property marking the package in which the same was contained. It was found guilty, and as punishment therefor adjudged to pay a fine amounting in the aggregate to $7,250. It sued out a writ of error to review this judgment, and gave a stay bond. The question…

2Cases cited4 opinions

  1. United States v. DunneCourt of Appeals for the Ninth Circuit · 1909
  2. United States v. MitchellU.S. Circuit Court for the District of Oregon · 1908
  3. People Ex Rel. Warfield v. Sutter Street Railway Co.California Supreme Court · 1900
  4. Jacob Schmidt Brewing Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1918

3Cited by3 opinions

  1. Owens v. StateTennessee Supreme Court · 1986
  2. United States v. MortonDistrict Court, E.D. Missouri · 1980
  3. Davis v. Fidelity & Deposit Co.Court of Appeals for the D.C. Circuit · 1934

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