Plaut v. One Hundred & Seven Barrels of Porto Rican Bay Rum

Citations

• 165 F. 941
• 1908 U.S. Dist. LEXIS 189

Syllabus

<p>1. APPEABANOE (§ 17*)-,J GRIS DICTION -WAIVER OF OBJECTION.</p> <p>Tlie filing by the United States of a notice of appearance in a suit in rein, and of claim to the property in the custody of the court, is an admission of the jurisdiction of the court to such extent as. to preclude the subsequent filing of exceptions to the jurisdiction.</p> <p>TEd. Note. — For other cases, see Appearance, Cent. Dig. §§ 70-75; Dec. Dig. § 17.*]</p> <p>2. Replevin (§ 12*) — Action to Recoves Goons Held by Customs Collectob —Debensics.</p> <p>Libelants instituted a petitory and possessory suit for certain goods which had been brought in a vessel from Porto Rico to New York, making the collector of the port a defendant, on an allegation that he had illegally taken possession of the goods under a claim that they were subject to a tax. The collector was not served, but a notice of appearance and claim was filed on behalf of the United States, alleging that the goods were subject to an internal revenue tax. The goods were taken by the-marshal from th? vessel, not having been entered at the custom house. Sold, that the notice filed by the United States stated no ground of defense to libelants’ suit, since no claim to a tax could be asserted or litigated prior to the entry of the goods, and that the goods should be returned by the marshal to the libelants, who had never been deprived of their rights of entry, and who must enter the goods according to law.</p> <p>[Ed. Note. — For other cases, see Replevin, Cent. Dig. § 103; Dec. Dig.. § 12.*]</p>