United States v. Abatoir Place
Supreme Court of the United States
Error to the Circuit Court of the United States for the Southern District of New York. This was an information filed in the District Court of the United States for the Southern District of New York against a distillery, claiming that it was forfeited to the United States for violation of the revenue laws. Frederick Frerichs appeared as the claimant, and denied the forfeiture.
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Error to the Circuit Court of the United States for the Southern District of New York. This was an information filed in the District Court of the United States for the Southern District of New York against a distillery, claiming that it was forfeited to the United States for violation of the revenue laws. Frederick Frerichs appeared as the claimant, and denied the forfeiture. Upon the trial the District Court, being of opinion that there was no evidence of any violation of the revenue laws, for which the seizure had been made, directed a verdict for him, and judgment was rendered thereon in…
1Opinion of the CourtJustice Woods
We are of opinion that the refusal of the District Court to grant a certificate of reasonable cause is not a matter which can be reviewed in' the Circuit Court or in this court. It is only from final judgments that a writ of error lies from the District to the Circuit Court,.or from the latter court to the Supreme Court.
The granting or^ the refusal to grant the certificate is not a final judgment in the sense of the statute which allows writs of error. The certificate, when granted, is no part of the original case. It is a collateral matter which arises after final judgment.
It is granted to…
2Cases cited3 opinions
- Boyle v. Zacharie & TurnerSupreme Court of the United States · 1832
- Abbott Et Ux. v. Essex CompanySupreme Court of the United States · 1856
- Gregg v. ForsythSupreme Court of the United States · 1865
3Cited by20 opinions
- United States v. Parcels of Property, With Building Appurtenances & Improvements Located at 255 BroadwayCourt of Appeals for the First Circuit · 1993
- United States v. MattinglyCourt of Appeals for the D.C. Circuit · 1922
- United States v. One 1986 Ford PickupCourt of Appeals for the Ninth Circuit · 1995
- Agnew v. HaymesCourt of Appeals for the Fourth Circuit · 1905
- United States v. FrerichsSupreme Court of the United States · 1888
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