Murray's Lessee v. Hoboken Land & Improvement Co.
United States Supreme Court
59 U.S. (18 How.) 272 (1856)
Relevant factsFree
After an audit revealed New York customs collector Samuel Swartwout had embezzled over $1,000,000 from the federal government (defendant), the United States, instead of pursuing a civil lawsuit, used a congressionally authorized summary warrant-in-distress procedure to recapture the money without notice, a hearing, or a trial. Swartwout sued, arguing this summary procedure denied him due process of law under the Fifth Amendment.
IssueFree
Whether due process of law requires an allegation, an opportunity to answer, and a trial in cases where the government seeks to recover money owed to it.