Bourke v. United States

DENISON, Circuit Judge.

Agents of the customs service seized a quantity of whisky, located in Bourke’s dwelling. Later, the government filed an information in the nature of a libel, asking condemnation, both under Rev. St. § 3450 (section 1181, tit. 26, USCA) and under section 25, tit. 2, National Prohibition Act (section 39, tit. 27, USCA); Bourke answered; the ease was heard before the District Judge without a jury; condemnation was awarded; Bourke appeals.

We assume, for the purposes of the opinion, that the proceeding below was not so characteristically tho trial of a ease at law before the…