Four Hundred & Forty-Three Cans of Frozen Egg Product v. United States
Supreme Court of the United States
APPEAL FROM AND IN ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT. The facts are. stated in the opinion. The proceeding was one at common' law which.the Circuit Court of Appeals could acquire no jurisdiction to review by appeal, and appeal having been taken and not error, the judgment reversing the decree of the trial court is void for lack of jurisdiction.
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APPEAL FROM AND IN ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT. The facts are. stated in the opinion. The proceeding was one at common' law which.the Circuit Court of Appeals could acquire no jurisdiction to review by appeal, and appeal having been taken and not error, the judgment reversing the decree of the trial court is void for lack of jurisdiction. Although, this statute prescribes that the proceedings shall conform “as pear as may be to the proceedings in admiralty,” the proceeding being a seizure on land is,, in its nature, a common-law proceeding. The Sarah, 8 Wheat.…
1Opinion of the CourtJustice Day
This case is here on both writ of error to and appeal from a decree of the Circuit Court of Appeals for the Third Circuit, reversing the judgment of the United States District Court for the District of New- Jersey dismissing a libel brought by the United States which had for its object the condemnation,of four hundred and forty-three cans of frozen egg product seized under the Pure Food Act of June 30, 1906 (34 Stat. 768, c. 3915).
The United States filed its libel alleging that four hundred and forty-three cans of frozen egg product, in the possession of the Merchants’ Refrigerating Company…
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