Jacob Hoffmann Brewing Co. v. McElligott
District Court, S.D. New York
In Equity. Suit by the Jacob Hoffmann Brewing Company against Richard J. McElligott, Acting and Deputy Collector of Internal Revenue of the Third District of New York, and Francis G. Caffey, United States Attorney for the Southern District of New York. On motion to dismiss amended bill.
1Opinion of the Court
AUGUSTUS N. HAND, District Judge.
This is a motion to dismiss the amended bill under equity rule 29 (198 Fed. xxvi,-115 C. C. A. xxvi) on the ground: (1) That the suit is in effect one against the United States which has not consented to be sued; (2) that the bill seeks to restrain the enforcement of a criminal law; (3) that the complainant has an adequate remedy at law; (4) the Act of Congress prohibits all beer, irrespective of alcoholic content, consequently the threats complained of are lawful and cannot be enjoined.
The complainant contends that the Act of Congress which the defendants…
2Cases cited45 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Truax v. RaichSupreme Court of the United States · 1915
- United States v. LeeSupreme Court of the United States · 1882
- Philadelphia Co. v. StimsonSupreme Court of the United States · 1912
- In Re SawyerSupreme Court of the United States · 1888
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3Cited by9 opinions
- Wilson v. BowersDistrict Court, S.D. New York · 1924
- United States v. BaumgartnerDistrict Court, S.D. California · 1919
- C. A. Weed & Co. v. LockwoodDistrict Court, W.D. New York · 1920
- Griesedieck Bros. Brewery Co. v. MooreDistrict Court, E.D. Missouri · 1919
- United States v. Bergner & Engel Brewing Co.District Court, E.D. Pennsylvania · 1919
4 more not listed; retrieve them via the Exa API.