Baltuff

Baltuff v. United States

Good Law
28 F.2d 864·1929 A.M.C. 82·1928 U.S. App. LEXIS 2481
United States Court of Appeals for the Ninth CircuitOctober 15, 1928No. 5525California710 words

Opinion

Lead Opinion

Rudkin, J.

The United States filed a libel of information for forfeiture against the British gas screw Zev, her engines, apparel, equipment, tackles, and appurtenances, for a violation of section 585 of the Tariff Act of 1922, 42 Stat. 980 (19 USCA § 487), which provides that, if any vessel or vehicle from a foreign port or place arrives within the limits of any collection' district and departs or attempts to depart, except from stress of weather or other necessity, without making a report or entry under the provisions of the act, any such vessel or vehicle shall be subject to forfeiture, and°amy customs or Coast Guard officer may cause such vessel or vehicle to be arrested and brought back to the most convenient port of the United States. Eduarda K. Baltuff intervened as claimant and filed an answer. On final hearing, a deeree was directed to be entered in favor of the libelant, and later a deeree was entered accordingly. The present appeal was taken from the order directing the decree in favor of the libelant and from the final deeree as entered. The former, of course, is not appealable. Thereafter the *865 appellant proposed a statement of the evidence in accordance with equity rule 75 ;…

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