United States Supreme Court Cases & Opinions

U.S. Supreme Court

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

Commercial Credit Company v. United States

No. 258

Argued November 21, 22, 1927

Decided February 20, 1928

276 U.S. 226

Syllabus

1. Upon review by certiorari, no questions will be considered except those on which the petition for the writ was based. P. 276 U. S. 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. 276 U. S. 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

Page 276 U. S. 227

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.

Page 276 U. S. 228