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No. 8844873
United States Court of Appeals for the Ninth Circuit
United States v. Austin
No. 8844873 · Decided May 28, 1923
No. 8844873·Ninth Circuit · 1923·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
May 28, 1923
Citation
No. 8844873
Disposition
See opinion text.
Full Opinion
PER CURIAM. This was an action by the United States under section 2809 of the Revised Statutes (Comp. St. § 5506), to recover a penalty for bringing into the United States intoxicating liquor without Including the same in the ship’s manifest. The court below sustained a demurrer to the complaint, and dismissed the action, on the authority of United States v. Sischo (C. C. A.) 270 Fed. 958 , and United States v. Hana (C. C. A.) 276 Fed. 817 . The judgment in the former case was reversed by the Supreme Court in United States v. Sischo, 43 Sup. Ct. 511, 67 L. Ed. -, decided May 7, 1922, and for the reasons there stated the judgment in this case is reversed, with instructions to overrule the demurrer, and for further proceedings in accordance with law.
Plain English Summary
This was an action by the United States under section 2809 of the Revised Statutes (Comp.
Key Points
01This was an action by the United States under section 2809 of the Revised Statutes (Comp.
02§ 5506), to recover a penalty for bringing into the United States intoxicating liquor without Including the same in the ship’s manifest.
03The court below sustained a demurrer to the complaint, and dismissed the action, on the authority of United States v.
04The judgment in the former case was reversed by the Supreme Court in United States v.
Frequently Asked Questions
This was an action by the United States under section 2809 of the Revised Statutes (Comp.
FlawCheck shows no negative treatment for United States v. Austin in the current circuit citation data.
This case was decided on May 28, 1923.
Use the citation No. 8844873 and verify it against the official reporter before filing.