Legal Opinion

United States v. Mooney

Supreme Court of the United States

Decided December 14, 1885PublishedCited by 32 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. This was an action at law, brought in the Circuit Court to récover of the defendant $20,000, the value of certain merchandise imported by him, which it was alleged he had forfeited to the United States, because he had knowingly, and with intent to defraud the revenue, made an entry of the same by means of false and fraudulent invoices.

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. This was an action at law, brought in the Circuit Court to récover of the defendant $20,000, the value of certain merchandise imported by him, which it was alleged he had forfeited to the United States, because he had knowingly, and with intent to defraud the revenue, made an entry of the same by means of false and fraudulent invoices. The defendant moved the court to dismiss the suit for want Of jurisdiction to entertain it. The court sustained the motion, and the plaintiffs brought this writ of error.

1Opinion of the CourtJustice Woods

delivered the-opinion of the court. After stating the facts in the language above reported, he continued:

The ninth section of the Judiciary Act of September .24, 1789, ch. 20, 1 Stat. 76, provided as follows: “The District Courts ■ shall, have exclusive original cognizance ” “ of .all suits for penalties and -forfeitures incurred under the laws of the United States?’ Since the passage of that act several statutes have been enacted giving the Circuit Courts jurisdiction of suits for penalties and forfeitures, Rev. Stat. § 629, subdivisions • 4, 5, '7,15, but it is ’conceded by the counsel for…

2Cases cited3 opinions

  1. Ketland v. CassiusSupreme Court of the United States · 1796
  2. Evans v. BollenSupreme Court of the United States · 1800
  3. Third Nat. Bank of St. Louis v. HarrisonU.S. Circuit Court for the District of Eastern Missouri · 1881

3Cited by32 opinions

  1. United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
  2. Logan v. United StatesSupreme Court of the United States · 1892
  3. Downes v. BidwellSupreme Court of the United States · 1901
  4. In Re HohorstSupreme Court of the United States · 1893
  5. In Re Keasbey & Mattison Co.Supreme Court of the United States · 1895

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