Opinion · Court of Appeals for the Fourth Circuit

United States v. One De Soto Sedan, 1946 Model, Etc., Robert Lee Smith, Jr.

United States v. One De Soto Sedan, 1946 Model, Etc., Robert Lee Smith, Jr., 180 F.2d 583 (4th Cir. 1950)

Type
Opinion
Court
Court of Appeals for the Fourth Circuit
Jurisdiction
Federal
Date
1950-03-10
Topic
general

PER CURIAM. This case cannot be distinguished from Coffey v. United States, 116 U.S. 436, 6 S.Ct. 437, 29 L.Ed. 684; and the judgment below will be affirmed on the authority of that decision. 85 F.Supp. 245. It is argued that subsequent decisions of the Supreme Court have weakened the authority of the Coffey case; but that case has never been overruled. On the contrary, in one of the cases chiefly relied upon by the United States, the Supreme Court was at pains to distinguish it.

Citator

United States v. One De Soto Sedan, 1946 Model, Etc., Robert Lee Smith, Jr. has been questioned or limited by later authorities: relies on overruled authority: 6 S. Ct. 437 (overruled by United States v. One Assortment of 89 Firearms). Read them before relying on it. 13 later decisions cite it.

Authority status
caution
Cited by
13 opinions
PER CURIAM.

This case cannot be distinguished from Coffey v. United States, 116 U.S. 436, 6 S.Ct. 437, 29 L.Ed. 684; and the judgment below will be affirmed on the authority of that decision. 85 F.Supp. 245. It is argued that subsequent decisions of the Supreme Court have weakened the authority of the Coffey case; but that case has never been overruled. On the contrary, in one of the cases chiefly relied upon by the United States, the Supreme Court was at pains to distinguish it. See Helvering v. Mitchell, 303 U.S. 391, 58 S.Ct. 630, 82 L.Ed. 917.

Affirmed.