The May
U.S. Circuit Court for the District of Eastern Wisconsin
[These were two appeals from decrees of the district court of the United States for the Eastern district of Wisconsin refusing to entertain jurisdiction of libels of information filed by the United States. The opinions of Judge Miller will be found in Cases Nos. 9,329 and 10,421.]
1Opinion of the Court
DRUMMOND, Circuit Judge.
These are appeals from the district court, and I have, after some hesitation, come to the conclusion that these proceedings were irregular, for the reason that the res was not in either case seized before the libel was filed. The objection taken to the jurisdiction of the court is technical, and my own judgment is opposed to sustaining it; but I think that the decisions of the supreme court have substantially held that there should be in such cases as this, before the libel is filed, a seizure made by the proper officer, and-1 will state why I have* come to the…
2Cited by3 opinions
- United States v. George Spraul & Co.Court of Appeals for the Sixth Circuit · 1911
- The Paolina S.District Court, S.D. New York · 1880
- United States v. The Frank SilviaU.S. Circuit Court for the District of Northern California · 1891