Legal Opinion

In re Seizure of 7 Barrels of Wine

Supreme Court of Florida

Decided January 14, 1920PublishedCited by 60 opinions

An Appeal from the Circuit Court for Escambia County; A. G. Campbell, Judge. STATEMENT. Among the provisions of Chapter 7736, Laws of Florida, approved December 7, 1918, are the following: “Sec. 3. That it shall be unlawful for any person, association of persons, or corporations, or any agent or employee of any person, association of persons, or corporation, to have in his, her, their, or its, possession, custody or control, in this State, any alcoholic or intoxicating…

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An Appeal from the Circuit Court for Escambia County; A. G. Campbell, Judge. STATEMENT. Among the provisions of Chapter 7736, Laws of Florida, approved December 7, 1918, are the following: “Sec. 3. That it shall be unlawful for any person, association of persons, or corporations, or any agent or employee of any person, association of persons, or corporation, to have in his, her, their, or its, possession, custody or control, in this State, any alcoholic or intoxicating liquors or beverages, except as is hereinafter provided. “Sec. 5. * * Nothing contained in this Act shall be construed to…

1Opinion of the CourtWhitfield, J.

(After stating the facts) This statutory proceeding was begun by the seizure on January 28, 1919, of seven barrels of wine (said barrels containing about 300 gallons) which were in the possession of Antonie Marasse et at., followed by proceedings under Chapter 7736, Laws of Florida, approved December 7, 1918, by which the greater portion of the seven barrels of wine were ordered destroyed upon the theory that the possession of the wine in excess of certain small quantities is unlawful under Chapter 7736. Marasso v. Van Pelt, Sheriff, 77 Fla. 432, 81 South. Rep. 529. No question of unlawful…

2Cases cited66 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. Lawton v. SteeleSupreme Court of the United States · 1894
  3. United States Ex Rel. Attorney General of the United States v. Delaware & Hudson Co.Supreme Court of the United States · 1909
  4. Beer Co. v. MassachusettsSupreme Court of the United States · 1878
  5. United States v. Jin Fuey MoySupreme Court of the United States · 1916

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3Cited by60 opinions

  1. Pompano Horse Club, Inc. v. State Ex Rel. BryanSupreme Court of Florida · 1927
  2. McDaniel v. McElvySupreme Court of Florida · 1926
  3. State v. LavazzoliSupreme Court of Florida · 1983
  4. Metro. Dade County v. Chase Fed. HousingSupreme Court of Florida · 1999
  5. Van Loon v. Van LoonSupreme Court of Florida · 1938

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