United States v. Ninety Demijohns of Rum
United States Circuit Court for the Southern District of Florida
In Admiralty. The libel alleges that said 90 demijohns of Spanish rum, or agua-diente, were brought into the port of Key West on the twenty-sixth of March, 1879, on a Spanish schooner, consigned in the manifest “to order;” that it was imported into the United States from Cardenas, Cuba, in large bottles, to-wit, demijohns, and the same were not packed in packages of one dozen bottles in each package, as required by section 2504, schedule D, of the Revised Statutes of the…
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In Admiralty. The libel alleges that said 90 demijohns of Spanish rum, or agua-diente, were brought into the port of Key West on the twenty-sixth of March, 1879, on a Spanish schooner, consigned in the manifest “to order;” that it was imported into the United States from Cardenas, Cuba, in large bottles, to-wit, demijohns, and the same were not packed in packages of one dozen bottles in each package, as required by section 2504, schedule D, of the Revised Statutes of the United States, whereby it became forfeited to the United States, and the collector of customs of said port had seized it as…
1Opinion of the CourtWoods, C. J.
The record does not contain ’the proofs. By the twenty-ninth admiralty rule, prescribed by the supreme court of the United States, if the defendant—
“ Shall omit to make due answer to the libel on the return-day of the process, or other day assigned by the court, the court shall pronounce him to be íd *486■ contumacy and default, and thereupon the libel shall he adjudged to be taken pro confesso against him, and the court shall proceed to hear the cause ex parte, and adjudge thereon as to law and justice shall appertain.”
This was the course taken by the court in this case, and upon such hearing…
2Cited by2 opinions
- United States v. Ninety Demijohns AquadienteDistrict Court, S.D. Florida · 1879
- Protest 107238-K of Maryland Distillers Products Co.United States Customs Court · 1946