Earnshaw v. United States
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA. This cause was first argued On the 3d and 4th of November, 1890. On the 10th of that month it was ordered to be re-argued.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA. This cause was first argued On the 3d and 4th of November, 1890. On the 10th of that month it was ordered to be re-argued. The reargument took place October 11, 1892. The case then made was stated by the court as follows: This was an action by the United States against Earnshaw in the District Court for duties upon eleven consignments of iron ore imported by him- into the port of New York in 1882. At the entry of the different consignments their values were declared, and to each of these values the…
1Opinion of the CourtJustice Brown
It is conceded in this case that the reappraisement was binding provided it was properly conducted; Rev. Stat. § 2930; Rankin v. Hoyt, 4 How. 327, 335 ; Bartlett v. Kane, 16 How. 263, 272; Sampson v. Peaslee, 20 How. 571; Hilton v. Merritt, 110 U. S. 97; and the sole defence made upon the trial was that Earnshaw did not receive a reasonable notice of the time when the reappraisement was to be made.
The facts being undisputed, the reasonableness of the notice with respect to time was a question of law for the court, and was properly withdrawn from the consideration of the jury. Hill v. Hobart,…
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