Legal Opinion

United States v. Cohen

District Court, E.D. Missouri

Decided October 28, 1920No. 5454PublishedCited by 27 opinions

Liquor Nuisance. -Suit by the United States against Jacob Cohen to enjoin the maintenance of a common nuisance under the Volstead Act. On defendant’s motion to dismiss the bill.

1Opinion of the Court

FARIS, District Judge.

The United States filed its bill under the provisions of section 22 of the Volstead Act (41 Stat. 314) to enjoin defendant from maintaining a common nuisance on his premises by the illegal sale thereat of intoxicating liquors, and by unlawfully keeping for sale at and on such premises liquors which contain alcohol in quantities forbidden by that act.

Defendant moved to dismiss plaintiff’s bill on divers grounds. Among those demanding notice are: (a) That no cause of action, and no facts sufficient to entitle plaintiff to relief in equity, are set out in the bill; (b)…

2Cases cited8 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
  3. Lawton v. SteeleSupreme Court of the United States · 1894
  4. National Prohibition CasesSupreme Court of the United States · 1920
  5. State ex rel. Vance v. CrawfordSupreme Court of Kansas · 1882

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3Cited by27 opinions

  1. Lewinsohn v. United StatesCourt of Appeals for the Seventh Circuit · 1921
  2. United States v. ReisenweberCourt of Appeals for the Second Circuit · 1923
  3. Wynkoop v. Mayor of HagerstownCourt of Appeals of Maryland · 1930
  4. United States v. BoyntonDistrict Court, E.D. Michigan · 1924
  5. Blessington v. McCrory Stores Corp.New York Supreme Court · 1950

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