Legal Opinion

Mouse v. Higgins

District Court, D. New Hampshire

Decided May 24, 1921PublishedCited by 6 opinions

At Law. In the matter of the petitions of James A. Higgins for removal to the federal courts of two actions, one by Frank Morse and the other by Cora Morse, against petitioner, pending in a state court of New Plampshire.

1Opinion of the Court

ALDRICH, District Judge.

There were earlier petitions in these cases, which were denied April 18, 1921.

The present petitions bring out more clearly than the former ones the relations which prohibition agents sustain to the revenue features of the National Prohibition Act, 41 Stat. 305.

*833Section 28 of the Prohibition Act seems to contemplate federal protection to officers acting under its authority.

Judge Wolverton of the Oregon district, in a recent case in an elaborate opinion (State of Oregon v. Wood, 268 Fed. 975) holds that cases against officers appointed under the federal law in question…

2Cases cited1 opinion

  1. Oregon v. WoodDistrict Court, D. Oregon · 1920

3Cited by6 opinions

  1. Smith v. GilliamDistrict Court, W.D. Kentucky · 1922
  2. Massachusetts v. BoganDistrict Court, D. Massachusetts · 1923
  3. Texas v. HeatonDistrict Court, N.D. Texas · 1932
  4. United States ex rel. Asher v. PennsylvaniaDistrict Court, E.D. Pennsylvania · 1923
  5. United States v. McConnellDistrict Court, E.D. Pennsylvania · 1926

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