Commercial Credit Co. v. United States, 276 U.S. 226 (1928)

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Commercial Credit Company v. United States


No. 258


Argued November 21, 22, 1927
Decided February 20, 1928
276 U.S. 226

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT

Syllabus

1. Upon review by certiorari, no questions will be considered except those on which the petition for the writ was based. P. 229.

2. Where a person discovered in the act of unlawfully transporting intoxicating liquor in a vehicle is proceeded against as prescribed by § 26 of the Prohibition Act, and convicted of the unlawful possession incident to the transportation, the vehicle must be disposed of under that section also, which provides protection for the interests of innocent owners or lienors, and not under Rev.Stats. § 3450, which does not provide such protection. P. 232.

17 F.2d 902 reversed.

Certiorari, 275 U.S. 511, to a judgment of the circuit court of appeals which affirmed a decree of the district court forfeiting a motor vehicle under § 3450 of the Revised Statutes upon the ground that it had been used in the removal, deposit, and concealment of intoxicating liquor with intent to defraud the United States of the tax thereon. The present petitioner intervened in the libel proceedings to assert its title to the car.