United States v. Emholt
Supreme Court of the United States
• Appeal from the Circuit Court of the United States for the Western District of Wisconsin., ,This was an information, for the forfeiture of • the right, title, and interest' of Severin Schulte in certain real estate on which he carried on the business of a distiller, without having given bond.as required by-law, and with intent to deprive the United States' of the tax on the spirits distilled by him. In the District Court, held by.
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• Appeal from the Circuit Court of the United States for the Western District of Wisconsin., ,This was an information, for the forfeiture of • the right, title, and interest' of Severin Schulte in certain real estate on which he carried on the business of a distiller, without having given bond.as required by-law, and with intent to deprive the United States' of the tax on the spirits distilled by him. In the District Court, held by. Judge Bunn, Bernard Emholt and Eliza Bergener appeared and answered as claimants of the real estate under mortgages from • Schulte. Upon the trial it was found by…
1Opinion of the CourtJustice Gray
This court has no jurisdiction of the question certified. The office -and object of a certificate, of. division of opinion are to bring to this court for determination a qnestion of law upon which the opinions of two judges, competent to take part in. the judgment of the Circuit Court, are opposed to each, other. By the provisions óf sbct. 4 of the act of Sept. 24, 1789, c. 20, and of sect. 5 of‘the act of April 29, 1802, c. 31, re-enacted in the Revised Statutes, sect. 614, upon the hearing in the Circuit Court of an appeal from a judgment of the District Court, the district judge who…
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