Commercial Credit Co. v. United States

A federal prohibition agent, having discovered a person in the act of transporting intoxicating liquor in an automobile, in violation of the National Prohibition Act (27 *992USCA) seized the automobile and arrested the driver. Later, the driver was prosecuted under the revenue laws, and a judgment was entered, in a separate proceeding, forfeiting the automobile under section 3450 of the Revised Statutes (26 USCA § 1181), as in Davies Motors, Inc., v. United States (C. C. A.) 35 F.(2d) 928. From the judgment of forfeiture, the present appeal is prosecuted.

The judgment is reversed on the authority…