Coffey v. United States

Citations

• 116 U.S. 436
• 6 S. Ct. 437
• 29 L. Ed. 684
• 1886 U.S. LEXIS 1783

Syllabus

<p>A judgment of forfeiture, on an information in rem, for a violation of the internal revenue laws, filed by the United States, in a Circuit Court of the United States, after a seizure of the res on land, was rendered after a general verdict. On a writ of error by the claimant, there being no bill of exceptions: Held, that questions as to the sufficiency of the information, and the regularity of the proceedings, not- having been formally raised in the Circuit Court, could not be raised in this court.</p> <p>After a specific denial, by answer, of the allegations of the information, the, claimant cannot, in a court of error, on such a record as that above mentioned, be heard to say that he did not know the charge made in the information and could not defend against it.</p> <p>After a general verdict, one good count in the information is sufficient to uphold the judgment, on such a record.</p> <p>The Circuit Court had jurisdiction of the suit.</p> <p>The claimant set up, by answer, a prior judgment of acquittal on a criminal information against him by the United States, in the same Circuit Court, founded on the same sections of the Revised Statutes sued on in this suit, and alleged that such criminal information contained charges of all of the violations of law alleged in the information in this suit. There was a general demurrer to the answer. After the general verdict for the United States, the claimant moved for judgment non obstante veredicto. The motion was denied.- There was no bill of exceptions. On a writ of error: Held, That, although one section counted on in the information declared, as a consequence of the commission of the prohibited act (1) that certain specific property should be forfeited, and (2) that the offender should be fined and imprisoned, yet, as the issue raised as to the existence of the act or fact had been tried in a criminal proceeding against the claimant, instituted-by the United States, and a judgment of acquittal rendered in his favor,