Jacob Hoffman Brewing Co. v. McElligott
Court of Appeals for the Second Circuit
Three suits, by the Jacob Hoffman Brewing Company, by the Claus-en-Flanagan Brewery, and by Jacob Ruppert, a corporation, respectively, against Richard J. McEUigott, Acting and Deputy Collector of Internal Revenue, and Francis G. Caffey, United States Attorney for the Southern District of New York.’ From orders granting preliminary injunctions (259 Fed. 321), the defendants appeal.
1DissentRogers, Circuit Judge
I concur in the foregoing opinion in so far as it holds that the injunction cannot issue to restrain the United States attorney from instituting criminal prosecutions under the acts of Congress approved August 10, 1917, c. 53, 40 Stat. 276 (Comp. St. 1918, §§ 3115%e to 3115%r), and November 21, 1918. The importance of this case to the government and to the complainants, and the fundamental principle which is involved and which goes to the jurisdiction of the equity courts, makes it my duty to state the reasons upon which my conclusion is based.
The learned District Judge has rendered an…
2Cases cited19 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Truax v. RaichSupreme Court of the United States · 1915
- In Re DebsSupreme Court of the United States · 1895
- Philadelphia Co. v. StimsonSupreme Court of the United States · 1912
- In Re SawyerSupreme Court of the United States · 1888
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