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United States v. Mack, 295 U.S. 480 (1935)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
United States v. Mack, 295 U.S. 480 (1935)
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United States v. Mack No. 693 Argued May 1, 2, 1935 Decided May 20, 1935 295 U.S. 480
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
1. Liability on a bond executed pursuant to § 26, Title II of the National Prohibition Act by the owner of a vessel seized while being used in the transportation of intoxicating liquors was conditioned on the return of the vessel to the custody of the seizing officer "on the day of the criminal trial to abide the judgment of the court." Held not extinguished by the repeal of the Eighteenth Amendment, it appearing that the condition for the return of the vessel was breached, and that the crew had pleaded guilty and were sentenced for possession as an incident of the transportation prior to the repeal of the Eighteenth Amendment. P. 483.
2. The contention that repeal of the Eighteenth Amendment extinguished the remedy on the bond because it ended the possibility of proceedings against the vessel itself examined and rejected. P. 485.
3. The analogy of bail in civil and criminal cases considered and found to support the conclusion here reached. P. 486 et seq.
4. Laches within the term of the statute of limitations is no defense to an action at law, and least of all is it a defense to an action by the sovereign. P. 489.
73 F.2d 265 reversed.
Certiorari, 294 U.S. 704, to review a judgment affirming a judgment dismissing the complaint in an action by the United States on a bond.
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Chicago:
U.S. Supreme Court, "Syllabus," United States v. Mack, 295 U.S. 480 (1935) in 295 U.S. 480 295 U.S. 481. Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=TSJEVNGVPHC6UK7.
MLA:
U.S. Supreme Court. "Syllabus." United States v. Mack, 295 U.S. 480 (1935), in 295 U.S. 480, page 295 U.S. 481. Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=TSJEVNGVPHC6UK7.
Harvard:
U.S. Supreme Court, 'Syllabus' in United States v. Mack, 295 U.S. 480 (1935). cited in 1935, 295 U.S. 480, pp.295 U.S. 481. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=TSJEVNGVPHC6UK7.
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