United States v. Jourden
District Court, D. Alaska
The government, through its officers, brought two civil actions for $2,000 in each case, alleging said amounts to be due from the defendant as a license fee for having conducted a wholesale liquor business in the municipality of Nome, Second division of the district of Alaska. The same questions are involved in both cases, and they were argued and submitted together. To this complaint, the defendant has in each cdse interposed a demurrer.
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The government, through its officers, brought two civil actions for $2,000 in each case, alleging said amounts to be due from the defendant as a license fee for having conducted a wholesale liquor business in the municipality of Nome, Second division of the district of Alaska. The same questions are involved in both cases, and they were argued and submitted together. To this complaint, the defendant has in each cdse interposed a demurrer. The demurrer sets up, first, that the court has no jurisdiction of the subject of the action; second, that the complaint does not state facts sufficient to…
1Opinion of the Court
MURANE, District Judge.
Both grounds of the demurrer raise an issue as to whether the government can by civil suit collect the license fee of $2,000, where it appears that a person has violated section 468 of Carter’s Code of Alaska (Act March 3, 1899, c. 429, 30 Stat. 1339, as amended by Act Feb. 6, 1909, c. 80, 35 Stat. 602).
Counsel for the government very earnestly contend that this is a proper and permissible remedy, and cite numerous authorities which they maintain support this - contention. In order to better understand the contentions of the respective parties and to be able to apply…
2Cases cited10 opinions
- United States v. ClaflinSupreme Court of the United States · 1878
- Ex parte HoweOregon Supreme Court · 1894
- State of Iowa v. Chicago, B. & Q. R. Co.U.S. Circuit Court for the Southern District of Iowa · 1889
- People v. CraycroftCalifornia Supreme Court · 1852
- Reed v. The Omnibus R.R.California Supreme Court · 1867
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3Cited by1 opinion
- Town of Gallup v. Gallup Cold Storage Co.New Mexico Supreme Court · 1920