Greer-Robbins Co. v. United States

This was a proceeding by libel to condemn an automobile used in the concealment and transportation of intoxicating liquor in violation of sections 3061, 3062, 3450, and 3453 of the Revised Statutes (Comp. St. §§ 5763, 5764, 6352, 6355). The appellant, Greer-Robbins Company, intervened as claimant, and asserted title to the automobile under a conditional contract of sale. The case was submitted to the court below on an agreed statement of facts, and the present appeal was prosecuted from the final decree of condemnation and forfeiture.

Where a seizure is made on land, the claimant is entitled to a jury trial, unless a jury is waived as in other eases, and the case should have been brought here for review by writ of error instead of by appeal (National Surety Co. v. United States [C. C. A.] 17 F. [2d] 372); but this error in procedure is no longer jurisdictional.

We will refer to the parties here as they are designated in the record. At the outstart, it is suggested by the appellee that there was no written waiver of a jury, as required by section 649 of the Revised Statutes *842 (Comp. St. § 1587), and that there was no request for findings in favor of the appellant. But the…