COGEN v. UNITED STATES

No. 257.

24 F.2d 308 (1928)

COGEN v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

February 20, 1928.


Attorney(s) appearing for the Case

Sanford H. Cohen, of New York City (George Cohen, of New York City, on the brief), for plaintiff in error.

Robert B. Watts, of New York City, for defendant in error.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.


L. HAND, Circuit Judge (after stating the facts as above).

Papers, like other chattels, can ordinarily be recovered only by some possessory remedy, such as replevin; we have to do neither with that, nor with a bill in equity for the same relief. This case comes up upon motion in the criminal prosecution then pending, and, while we attach no significance to the way in which the papers are entitled, it is plain that unless the motion lay as an independent proceeding...

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