Buchannan v. Biggs
Supreme Court of Pennsylvania
Trespass vi et armis for taking and carrying away 188J gallons of whiskey on the 1st March 1794. Pleas non cut. with leave to justify, etnon cut. infra tres menses.
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Trespass vi et armis for taking and carrying away 188J gallons of whiskey on the 1st March 1794. Pleas non cut. with leave to justify, etnon cut. infra tres menses. The question intended to be decided was, whether spirits distilled, from articles of the growth or produce of the United States in the country (and not in any city, town or village) were subject to forfeiture, on being removed from the distillery without being duly entered in the office of inspection, under the act of the United States, passed March 3d, 1791 ? It appeared, that the spirits had been distilled from such articles in…
1Opinion of the Court
But by the court.
It is admitted that the seizure was made by the proper officer, without any outrage. 2 Stra. 952. A warrant from a judge or justice is only necessary, where the spirits are hid or concealed, with intent to evade the duties. In such cases, the law authorizes the officers of the revenue, under such warrant, in the presence of a peace officer, to enter into the suspected places. But where the distilled spirits are not branded nor accompanied by a certificate, they are declared forfeited, and the officer may seize them if within his view. § 28. If the defendant, without proper…
2Cited by2 opinions
- Wood v. The Steamboat FleetwoodSupreme Court of Missouri · 1854
- Wolf v. Painter, Pennsylvania Court of Common Pleas, Adams County1959