Legal Opinion · Dissent

First Nat. Bank of Anamoose v. United States

Court of Appeals for the Eighth Circuit

Decided June 13, 1913No. 3,751Published

In Error to the District Court of the United States for the District of North Dakota; Cha”rles F. Amidon, Judge. The First National Bank of Anamoose was convicted of violating Pen. Code, § 239, in collecting a draft attached to a bill of lading for intoxicating liquors (190 Fed. 336), and it brings' error.

1DissentTrieber, District Judge

After giving the questions involved the most diligent consideration, I find myself unable to concur in the conclusions reached by the majority, as, in my opinion, they are in conflict with the letter as well as the spirit of the statute. In view of the far-reaching effect of this decision, which substantially nullifies the provisions of this act of Congress by opening the doors to the introduction of liquors in localities where the sale thereof is prohibited by law, and permits the collection of the purchase money at the time and place of delivery,-1 deem it my duty to state briefly my…

2Cases cited35 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. United States Ex Rel. Attorney General of the United States v. Delaware & Hudson Co.Supreme Court of the United States · 1909
  3. Montclair v. RamsdellSupreme Court of the United States · 1883
  4. Thurlow v. MassachusettsSupreme Court of the United States · 1847
  5. Kidd v. PearsonSupreme Court of the United States · 1888

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