Commonwealth v. Certain Intoxicating Liquors
Massachusetts Supreme Judicial Court
Complaint on the St. of 1869, c. 415, § 41, to a trial justice for a warrant to search for certain intoxicating liquors alleged ti be kept by John Parks and Joseph Lafleur in Huntington on July 25, 1870, for unlawful sale in this Commonwealth. Six barrels and one cask of intoxicating liquors were seized on the warrant.
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Complaint on the St. of 1869, c. 415, § 41, to a trial justice for a warrant to search for certain intoxicating liquors alleged ti be kept by John Parks and Joseph Lafleur in Huntington on July 25, 1870, for unlawful sale in this Commonwealth. Six barrels and one cask of intoxicating liquors were seized on the warrant. As the trial justice was of opinion that their value exceeded twenty dollars, notice was issued to Parks and Lafleur, and all other persons claiming any interest in the liquors, to appear in the superior court; and George B. Lyman appeared accordingly as claimant of five…
1Opinion of the CourtChapman', C. J.
The seizure of liquors under the St. of 1869, c. 415, because they are kept for sale illegally, is a proceeding in rem, which regards such liquors as a nuisance. The statute permits the keeper or any other person to come and claim them as his property; and if they appear to be his, they are delivered to him, unless they are so kept as to constitute what the statute regards as a nuisance. By § 51, if it appears that the liquor, or any part thereof, was, at the time of making the complaint, owned or kept by the person alleged therein, for the purpose of being sold in violation of this act, the…
2Cases cited1 opinion
- United States v. Brig Malek AdhelSupreme Court of the United States · 1844
3Cited by6 opinions
- In re Seizure of 7 Barrels of WineSupreme Court of Florida · 1920
- Commonwealth v. Certain Motor VehicleMassachusetts Supreme Judicial Court · 1928
- E. J. Fitzwilliam Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1927
- Osborne v. StateSupreme Court of Arkansas · 1906
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1895
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