Badger v. Gutierez - 111 U.S. 734 (1884)

U.S. Supreme Court

Badger v. Gutierez, 111 U.S. 734 (1884)

Badger v. Gutierez

Submitted April 7, 1884

Decided May 5, 1884

111 U.S. 734

Syllabus

The papers of a vessel not under seizure in the hands of a collector of customs, but not deposited with him for purpose of entry or clearance, may not be detained by him without subjecting him to an action for the resulting damage.

When a vessel or its owner becomes subject to a statutory penalty for taking out improper papers, that does not justify a collector of customs in withholding from the vessel the papers to which it is lawfully entitled.

The facts constituting the case are stated in the opinion of the Court.