Flint Motor Car Co. v. State
Supreme Court of Alabama
Appeal from Circuit Court, Shelby County; E. J. Garrison, Judge. Bill by the State of Alabama, on relation of its solicitor, to condemn one Ford Automobile because used in the illegal transportation of prohibited liquors. The Flint Motor Car Company filed claim to the seized car, and from a judgment condemning the car, the claimant appeals. One Haygood was in possession of the car when seized.
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Appeal from Circuit Court, Shelby County; E. J. Garrison, Judge. Bill by the State of Alabama, on relation of its solicitor, to condemn one Ford Automobile because used in the illegal transportation of prohibited liquors. The Flint Motor Car Company filed claim to the seized car, and from a judgment condemning the car, the claimant appeals. One Haygood was in possession of the car when seized. The claimant propounded, its claim under a conditional sales contract with Haygood, and showed that the purchase money had not been paid. The bone dry law does not contemplate the seizure and sale of…
1Opinion of the CourtAnderson, C. J.
[1,2] The trial court saw and heard the witnesses in this case, and its conclusion upon the facts is like unto the verdict of a jury, and will not be disturbed by .this court unless under similar circumstances the verdict of the jury would be set aside as upon a motion for a new trial ; that is, was plainly contrary to the great weight of evidence. There is little or no controversy over the fact that the automobile was being used for the illegal transportation of liquor by Haygood, the claimant’s conditional vendee, and another, though the- evidence fails to connect this claimant therewith,…
2Cases cited2 opinions
- State Ex Rel. Tate v. One Lexington AutomobileSupreme Court of Alabama · 1919
- State v. CrosswhiteSupreme Court of Alabama · 1920
3Cited by19 opinions
- Edwards v. StateSupreme Court of Alabama · 1925
- Equitable Credit Co. v. State Ex Rel. PerrySupreme Court of Alabama · 1925
- U-Haul Company of Alabama v. StateSupreme Court of Alabama · 1975
- Singleton v. StateSupreme Court of Alabama · 1981
- State Ex Rel. Elmore v. LevesonSupreme Court of Alabama · 1922
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