Liscio v. Campbell

(after stating the facts as above). On what theory the plaintiff applied for a decree compelling the administrator to grant him a license pendente lite we cannot understand. Section 6 (27 USCA § 16) is the measure of his rights, and, while it provides for a suit in equity, it does so only by reference to section 5 (27 USCA § 14), which says that “during the pendency of such proceedings” the court “may restrain the manufacture, sale, or other disposition of such article.” Nowhere is it suggested that the court shall issue an ad interim permit; on the contrary, the section presupposes that the…