United States District Court for the Southern District of Florida, 1925

The Ella

United States District Court for the Southern District of Florida · Decided November 21, 1925 · Call

9 F.2d 411; 1926 A.M.C. 496; 1925 U.S. Dist. LEXIS 1344 (Federal Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Bard v. the Silver Wave (District Court, D. Maryland 1951)
United States v. One 1937 Model Ford Coach (District Court, W.D. South Carolina 1944)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

CALL, District Judge.

The libel in this ease is brought for forfeiture of the boat under section 3450 of the Revised Statutes (Comp. St. § 6352). The claimant answered the libel, setting up the fact that the boat was tied up to a dock other than the one at which she lay when she was seized, and that he had given no one authority to uso *412the boat in any manner. The proofs establish that the boat, when seized, had a quantity of foreign liquor aboard on which no tax had been paid, as required by the statutes. This is, sufficient to sustain the charge that the boat was being used to defraud the revenue, and as such was forfeited under the terms of section 3450 of the Revised Statutes, and even though the claimant had sustained his answer by proofs (which he did not), it would not have availed as a defense to this action.

A decree forfeiting the vessel will be entered.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.