UNITED STATES
v.
GERBERTI ET AL.
UNITED STATES
GERBERTI ET AL.
United States District Court for the Southern District of New York (1930)
Positive Treatment
Cited by 1 case
Opinion of the Court
Neither the petitioner nor the Prohibition Administrator is a party, nor has the latter been served. In these circumstances the court is without jurisdiction to grant the relief sought. See Lewis v. McCarthy (D. C.) 274 F. 496; In re Allen (D. C.) 1 F.(2d) 1020, 1021; Matter of Otto Behrens (2 C. C. A.) 39 F.(2d) 561.
Apparently, to date, the Prohibition Administrator has failed to take any steps with; respect to the seized property now in his possession. For that reason the court will afford the petitioner opportunity to litigate his claim of rights if and whenever an appropriate remedy is invoked.
Motion denied, without prejudice to any other form of proceeding.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Mahon (S.D.N.Y. 1930)
Authorities Cited
- In re Behrens, 39 F.2d 561 (2d Cir. 1930)
- In re Allen (W.D. Pa. 1924)