Moffitt v. United States
Court of Appeals for the Ninth Circuit
In 'Error to the District Court of the United States for the Northern District of California. The plaintiff in error, master of the British steamship Tucapel, was in-dieted in the District Court for the Northern District of California for an alleged violation of the provisions of section 10, c. 551, Act March 3, 1891, 26 Stat. 1086 [U. S. Comp. St. 1901, p. 1299]. The indictment contained three counts.
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In 'Error to the District Court of the United States for the Northern District of California. The plaintiff in error, master of the British steamship Tucapel, was in-dieted in the District Court for the Northern District of California for an alleged violation of the provisions of section 10, c. 551, Act March 3, 1891, 26 Stat. 1086 [U. S. Comp. St. 1901, p. 1299]. The indictment contained three counts. A demurrer was interposed to this indictment upon the ground that it did not in either count set forth sufficient facts to constitute an offense against the United States. A motion was also…
1Opinion of the CourtHawley, District Judge
(after stating the facts as above). If the alien Marquez was not a person permitted by law to enter or remain in the United States, it is manifest that the plaintiff in error did not'exercise reasonable diligence, and was clearly guilty of negligence in failing to detain .said alien on the vessel. The good intention, or absence of any wrongful intention, on the part of plaintiff in error, would constitute no excuse whatever for his negligence.
The real question presented for our determination is whether or not the agreed statement of facts is sufficient to show that the aben Marquez belonged…
2Cases cited9 opinions
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- United States v. GoldenbergSupreme Court of the United States · 1897
- Tsoi Sim v. United StatesCourt of Appeals for the Ninth Circuit · 1902
- United States v. CraigU.S. Circuit Court for the District of Eastern Michigan · 1886
- United States ex rel. Andersen v. BurkeU.S. Circuit Court for the District of Southern Alabama · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Taylor v. United StatesCourt of Appeals for the Second Circuit · 1907
- United States Ex Rel. Bradley v. WatkinsCourt of Appeals for the Second Circuit · 1947
- Rodgers v. United States ex rel. BuchsbaumCourt of Appeals for the Third Circuit · 1907
- United States v. NakashimaCourt of Appeals for the Ninth Circuit · 1908
- United States v. Aultman Co.District Court, N.D. Ohio · 1906
7 more not listed; retrieve them via the Exa API.