United States v. One Dodge Coupé

THACHER, District Judge.

The power of the court to grant the motion is questioned. It may, I think, be conceded, as the government contends, that power is not expressly’given by any statute. The automobile was seized on land, and the proceeding is at common law. The Sarah, 8 Wheat. 391, 5 L. Ed. 644. The admiralty rules, therefore, have no application. Nor is the case touched by section 941 of the Revised Statutes (Comp. St. § 1567), which relates only to proceedings in admiralty, nor by section 938, R. S. (Comp. St. § 1564), which applies only to proceedings for forfeiture under laws…