Lewis v. McCarthy

• Decision Date: 15 June 1921
• Docket Number: 1992.
• Citation: Lewis v. McCarthy, 274 F. 496 (D. Mass. 1921)
• Parties: LEWIS v. McCARTHY et al.
• Court: U.S. District Court — District of Massachusetts

274 F. 496

LEWIS v. McCARTHY et al.

No. 1992.

United States District Court, D. Massachusetts.

June 15, 1921

William R. Scharton, of Boston, Mass., for petitioner.

The United States Attorney, for defendants.

MORTON District Judge.

This is a petition for the return of an automobile, the property of the petitioner, which is held by the respondents as prohibition enforcement officers. They have moved to dismiss. The case stated in the petition is as follows: The petitioner is the owner of the automobile. On the occasion in question it was taken and used without her knowledge or consent by her chauffeur. He was arrested by a Boston police officer for operating it while under the influence of liquor, and a complaint for that offense is pending against him in the state court. While the petition does not so allege, I infer that there was liquor in the automobile, which was being illegally transported by the chauffeur, because the petition recites that he got liquor and was arraigned before a United States commissioner on the charge of illegal transportation. No proceedings have been instituted for the forfeiture of the automobile; but the case is still pending against the chauffeur for violation of the Volstead Act (41 Stat. 305).

Under the circumstances, the court has no power, in summary proceedings such as these, to order the return of the automobile. Such power exists only over officers of the court,...