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Garnharts v. United States, 83 U.S. 16 Wall. 162 162 (1872)

Garnharts v. United States

83 U.S. (16 Wall.) 162


Where, on an information for breach of the internal revenue laws, the record shows that an answer of a claimant was stricken out by the court, in a case in which ho was entitled to a trial by jury, and judgment rendered against him as upon default, the court will not presume that the order was passed for good cause unless enough is shown in the record to warrant such a conclusion.

Page 83 U. S. 163

Any such judgment will accordingly be reversed and the cause remanded with directions to permit the claimant to answer and to award a venire.

Error to the district court for the Middle District of Alabama, in which court, on an information against certain distilled spirits seized on land, and answer and claim, the court, on motion of the district attorney of the United States, ordered the claim and answer to be stricken from the files, and refusing to let the claimants either amend the old answer or file a new one, entered a decree condemning the property seized.

To this action of the court the claimants excepted, and brought the question of its propriety here.

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