United States v. 135,019 Gallons, More or Less of Wine

Good Law
56 F.2d 1064·1931 U.S. Dist. LEXIS 2021
United States District Court, Northern District of CaliforniaNovember 23, 1931No. 720California2,915 words

Opinion

Lead Opinion

Sure, J.

A libel of information was filed praying for the forfeiture and condemnation of intoxicating liquor and personal property, generally described as 135,019 gallons of wine, one continuous still, and property designed for the manufacture of liquor. The liquor and property are particularly described in the amended libel. It is alleged that said liquor and property were unlawfully possessed and designed and intended for use in violation of the National Prohibition Act, and also in violation of the internal revenue laws. A seizure of the liquor and property by officers of the government was based upon illegal sales of intoxicating liquor. Upon seizure, the liquor and property were taken into actual possession, custody, and control by government agents, were so held when the libel was filed, and are now so held.

Process was issued and served upon Manuel I. Silva, who answered, claiming ownership, attacking the jurisdiction of the court, admitting the seizure of the property by government agents, but asserting that such seizure was illegal, denying that said intoxicating liquors and personal property described in the libel were unlawfully or wrongfully manufactured or possessed and…

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