Legal Opinion

United States v. Louisville & N. R.

District Court, W.D. Kentucky

Decided March 14, 1910PublishedCited by 3 opinions

Indictment by the United States against the Louisville & Nashville Railroad Company. On demurrer to defendant’s second plea in abatement.

1Opinion of the Court

EVANS, District Judge.

The indictment in this case was returned by the grand jury on December 2, 1909, and the process issued thereon was executed on January 24, 1910. Two pleas in abatement were filed on March .10, 1910, the first of which is in this language, viz.:

“Now cornos the defendant, Louisville & Nashville Bailroad Company, and offers herein its plea in abatement of the indictment herein and each count thereof upon Hie following grounds, to wit:
“The grand jurors that found the indictment herein were not impaneled and sworn, and did not return the indictment herein at or during either…

2Cases cited3 opinions

  1. Agnew v. United StatesSupreme Court of the United States · 1897
  2. Lowdon v. United StatesCourt of Appeals for the Fifth Circuit · 1906
  3. United States v. American Tobacco Co.District Court, W.D. Kentucky · 1910

3Cited by3 opinions

  1. United States v. PerlsteinDistrict Court, D. New Jersey · 1941
  2. United States v. TodarCourt of Appeals for the Seventh Circuit · 1930
  3. In re Thames Towboat Co.District Court, D. Connecticut · 1927

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