Phelps v. Siegfried/Opinion of the Court

Action by J. C. Siegfried and others against T. G. Phelps, collector of the port of San Francisco, for the value of tea imported by plaintiffs. A demurrer to the complaint was overruled, and judgment rendered for plaintiffs. Defendant appeals. Reversed.

The complaint alleged that the tea was entitled to free entry; that plaintiffs had performed everything required by law, but that defendant, without warrant of law, refused to allow entry thereof, or to deliver it to plaintiffs, unless they should furnish an invoice thereof, authenticated by the proper consul or should give bonds for the delivery of such an invoice.

Asst. Atty. Gen. Maury, for plaintiff in error.

John S. Mosby, for defendant in error.

[Argument of Counsel from page 603 intentionally omitted]

THE CHIEF JUSTICE.

The judgment is reversed, and cause remanded, with a direction to sustain the demurrer and to dismiss the action, upon the authority of U.S. v. Mosby, 133 U.S. 273, 10 Sup. Ct. rep. 327.