The Gertrude
District Court, D. Maine
This was an appeal from the decree of the district court for the district of Maine. The original proceedings in the district court are fully presented in the following statement of facts and in the opinion of the district judge.
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This was an appeal from the decree of the district court for the district of Maine. The original proceedings in the district court are fully presented in the following statement of facts and in the opinion of the district judge. This was a libel for a forfeiture founded on the 50th section of the collection act of 1799, c.' 128 [1 Stat. CG5, c. 22]. The libel alleged, that on the 1st of January, 1840, certain goods, wares and merchandise of the value of $400, brought from a foreign port, were unladen from the brig Gertrude [William F. Andrews, claimant] without a permit therefor having been…
1Opinion of the Court
WARE, District Judge.
The single question in issue, between the parties in this'case, is whether there has been a forfeiture by un-lading goods, wares and merchandise from the brig Gertrude, of the value of $400, without a permit having been first obtained therefor from the collector of the district, within which they were landed. The argument has indeed taken a somewhat wider range, but the judgment of the court must follow the al-legata et probata, and be confined to the matters that have been put in issue by the parties in their pleadings, and which are made out by the proofs. By the act of…
2Cited by5 opinions
- The ConquerorSupreme Court of the United States · 1897
- United States v. 1,150½ Pounds of CelluloidCourt of Appeals for the Sixth Circuit · 1897
- The Cargo ex Lady EssexDistrict Court, E.D. Michigan · 1889
- Vanderbilt v. ConquerorDistrict Court, S.D. New York · 1892
- United States v. PolonioDistrict Court, D. Oregon · 1941