United States Supreme Court Cases & Opinions

U.S. Supreme Court

Duignan v. United States, 274 U.S. 195 (1927)

Duignan v. United States

No. 101

Argued February 21, 1927

Decided April 25, 1927

274 U.S. 195

Syllabus

1. Case held properly reviewable by appeal under Jud.Code § 241, before amendment, and certiorari denied. P. 274 U. S. 197.

2. In a suit by the United States against a lessor and a lessee to abate a liquor nuisance under § 22 of Title II of the Prohibition Act, issues raised by a cross-bill of the lessor asserting his federal right under § 23 to a forfeiture of the lease as against the lessee are within the jurisdiction of the district court regardless of the citizenship of the parties. P. 274 U. S. 197.

3. A suit by the United States to abate a liquor nuisance under § 22 of Title II of the Prohibition Act is a suit in equity, and triable without a jury. P. 274 U. S. 197.

Page 274 U. S. 196

4. The constitutional right to a jury trial may be waived by proceeding to trial without demanding a jury, and is not saved by an application to the discretionary power of the court, sitting in equity, to frame issues for a jury. P. 274 U. S. 198.

5. To support a demand for a jury trial of matter raised by a cross-bill, the demandant must first put them in issue by answering the cross-bill. P. 274 U. S. 199.

6. Objections to the equity jurisdiction to adjudge a forfeiture of a lease under § 23 of Title II of the Prohibition Act, and to the assertion of this right through a cross-bill filed by the lessor against the lessee in a suit brought against them both by the United States under § 22, are waived if not seasonably taken. P. 274 U. S. 199.

4 F.2d 983 affirmed.

Appeal from a decree of the circuit court of appeals which affirmed a decree of the district court abating a nuisance and adjudging forfeiture of a lease under §§ 22 and 23 of the Prohibition Act.