Legal Opinion

Gonzales v. United States

Court of Appeals for the Fifth Circuit

Decided February 5, 1895No. 335PublishedCited by 5 opinions

Appeal from the Circuit Court of the United States for the Southern District of Florida. This was a libel of information filed by the United States against the schooner Javirena (Severo Gonzales, claimant) for violation of the customs laws. In the district court a decree was entered condemning the vessel, in the sum of $400, for violating the provisions of Rev. St. § 2773. The claimant appealed.

1Opinion of the Court

PARDEE, Circuit Judge.

In July, 1894, the small Spanish schooner Javirena, ordinarily known as a fishing smack, sailed from Havana, in the island of Cuba, bound for no foreign port, but with a clearance to permit her to fish in Spanish waters and in the open seas. She was without cargo, and carried on board only the stores and fishing appliances supposed to be necessary for a fishing trip of two or three weeks. On the 24th of July, 1894, she was found at anchor by the United States revenue cutter McLane in the open waters ofi! the coast of Florida, about 5 or 6 miles from the mainland, and 2|…

2Cases cited4 opinions

  1. The Apollon.Supreme Court of the United States · 1824
  2. Harrison v. VoseSupreme Court of the United States · 1850
  3. United States v. ShackfordU.S. Circuit Court for the District of Maine · 1830
  4. Parsons v. HunterU.S. Circuit Court for the District of New Hampshire · 1836

3Cited by5 opinions

  1. United States v. BengocheaCourt of Appeals for the Fifth Circuit · 1922
  2. Burns v. United StatesCourt of Appeals for the Fifth Circuit · 1924
  3. United States v. Eighty-Five Head of CattleDistrict Court, D. Montana · 1913
  4. Miller v. United StatesCourt of Appeals for the Fourth Circuit · 1931
  5. The MetmuzelDistrict Court, E.D. Virginia · 1930

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