Grosfield v. United States, 276 U.S. 494 (1928)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 276 U.S. 487, click here.

Grosfield v. United States

No. 62

Argued January 4, 1928
Decided April 9, 1928
276 U.S. 494

CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS

FOR THE SIXTH CIRCUIT

Syllabus

1. The purpose of the provision of the National Prohibition Act authorizing an injunction against occupation and use of premises where liquor has been unlawfully manufactured, etc., is not punitive, but preventive. P. 497.

2. In a suit under this section against the owner of leased premises based on illegal manufacture of liquor by the tenant, lack of criminal participation by the owner is not a defence, nor is the fact that the tenant was ousted and the illegal use ended before the decree conclusive against granting the injunction if the conduct and statements of the owner furnish reasonable ground for apprehending a repetition of the use. P. 498.

3. After the injunction has been decreed, power remains in the district court to permit the premises to be occupied or used upon the giving of a bond with sufficient surety in the amount and upon the conditions prescribed by the statute. P. 499.

District court affirmed.

Review of a decree of the district court enjoining the use, for the period of one year, of premises owned by Grosfield and Caplis, the defendants in a suit brought by the United States under the Prohibition Act. The case first reached this Court through questions propounded by the circuit court of appeals, to which it had been appealed. This Court ordered up the entire record.