United States v. Atlantic Fruit Co.
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action by the United States against the Atlantic Fruit Company, From a judgment dismissing the complaint, the United States brings error.
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In Error to the District Court of the United States for the Southern District of New York. Action by the United States against the Atlantic Fruit Company, From a judgment dismissing the complaint, the United States brings error. Writ of error to review a judgment of the District Court, Southern District, of New York, dismissing the complaint in a civil action brought by the government to recover the amount of fines alleged to have been incurred by the defendant for failing to comply with the pro visions of section 8 of the act of March 3, 1803 (27 Stat. 570 [U. S. Comp. St. 1901, p. 1303J),…
1DissentWard, Circuit Judge
The District Judge dismissed the complaint on the ground that a civil action does not lie to recover a fine. The act prescribes nothing as to the mode of procedure except that the fine is to “be recovered in the proper United States court, and said fine Shall also be a lien upon any vessel of said company or owners found within the United States.” The word “fine” is appi'opriate to a criminal proceeding. 19 Cyc. 544. The larger term “penalty” includes either a civil or. a criminal liability. The foregoing section certainly imposes the performance of a public duty, the omission of which would…
2Cases cited1 opinion
- United States v. CobbDistrict Court, D. Maryland · 1906