Legal Opinion

United States v. Valensona

Court of Appeals for the Fifth Circuit

Decided December 11, 1894No. Nos. 259 and 260PublishedCited by 7 opinions

Appeal from the District Court of the United States for the Eastern District of Louisiana. In Error to the District Court of the United States for the East-tern District of Louisiana. These were two suits growing out of an alleged violation of the shipping and customs laws.

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Appeal from the District Court of the United States for the Eastern District of Louisiana. In Error to the District Court of the United States for the East-tern District of Louisiana. These were two suits growing out of an alleged violation of the shipping and customs laws. No. 259 was a libel in admiralty, filed by the United States against the steamship S. Óteri, Mrs. Valentona claimant, to recover a penalty of «$500 for an alleged violation of Rev. St. § 4187, by the omission from her manifest of a propeller wheel and a case of ferrules, which were withdrawn from warehouse at New Orleans…

1Opinion of the CourtPardee, Circuit Judge

(after stating the facts). As these cases were tried in the district court on the same state of facts, and were heard together in this court, we dispose of them together. The admitted facts show that the propeller and box of ferrules, which it is alleged were omitted from the manifest of the Oteri, formed no part of the cargo on the voyage of that ship as actually made; the contemplated voyage to Truxillo—for which, by the way, the record shows neither clearance nor manifest—having been abandoned, and before another voyage was made the said propeller and box of ferrules were, in the port of…

2Cases cited3 opinions

  1. Clark v. BarnardSupreme Court of the United States · 1883
  2. Speake & Others v. U. StatesSupreme Court of the United States · 1815
  3. United States v. CutajarDistrict Court, S.D. New York · 1894

3Cited by7 opinions

  1. Commonwealth v. J. & A. Moeschlin, Inc.Supreme Court of Pennsylvania · 1933
  2. United States v. SischoDistrict Court, W.D. Washington · 1919
  3. O'Kane v. LedererDistrict Court, E.D. Pennsylvania · 1923
  4. State v. Vending Machine Corp.Supreme Court of Oklahoma · 1935
  5. United States v. WandmakerCourt of Appeals for the Eighth Circuit · 1923

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