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
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.