Sanden v. Morgan

Citations

• 225 F. 266
• 1915 U.S. Dist. LEXIS 1248

Syllabus

<p>1. Judgment <§=^648—Conclusiveness—Acquittal in Criminal Case—Injunction.</p> <p>A verdict of acquittal in a criminal prosecution for a violation of Cr. Code, § 215 (Act March 4, 1909, c. 321, 35 Stat.1130 [Comp. St. 1913, § 10385]), for fraudulent use of the mails, is not res adjudicata, and, even assuming that inquiry was made into the same kind of appliance as that in controversy, would not he relevant on the trial of a suit by the accused, after acquittal, to-enjoin the postmaster from carrying out a fraud order, issued under Rev. St. §§ 3929, 4041, as amended (Comp. St. 1913, §§ 7411, 7573) by the Postmaster General pending his trial on the indictment, and ‘ continued after his trial and acquittal; but on a motion for a preliminury injunction, the court might consider the proceedings in and the result of the prosecution under tlie indictment</p> <p><gs>For other eases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>tEd. Note.—For other cases, see Judgment, Cent. Dig. §§ 1309, 1310; Dee. Dig. <3=648.] '</p> <p>2. Posv Office <s=26—-Fraud Obdeb—Action to Unjoin—Burden of Proof. Plaintiff, in an action against the postmaster to enjoin the enforcement of a fraud order, issued under Rev. St. §§ 3929, 4041, as amended (Comp-. St. :1913, §§ 7411, 7573), pending his trial for a fraudulent use of the mails, had the burden of overcoming the presumption that the conclusion of the Postmaster General was right, or of pointing out his excess of statutory power or his wanton or malicious exercise thereof, and a preliminary injunction will not issue unless tlie court is clearly convinced that plaintiff would ultimately prevail; and hence, where it appeared that in the proceeding upon which the Postmaster General acted, due notice was given to plaintiff and an extensive and elaborate hearing was held on the merits. the motion should be denied.</p> <p>¡Ed. Note.—For other cases, see Post Office, Dec. Dig. <§=26.]</p> <p>oilier see same topic & JtlflY-