White Auto Co. v. Collins
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Chickasawba District; W. J. Driver, Judge; Tbe court should have found for appellant. The car was appellant’s and it had no knowledge of its improper use and was not a party to the illegal traffic. 53 S. E. 543; 87 Id. 976; 202 S. W. 229. The auto was subject to confiscation, being a vehicle and used in violating the law. Acts 1917, p. 45, § 6. The cases cited by appellant are not in point.
Read the full summary
Appeal from Mississippi Circuit Court, Chickasawba District; W. J. Driver, Judge; Tbe court should have found for appellant. The car was appellant’s and it had no knowledge of its improper use and was not a party to the illegal traffic. 53 S. E. 543; 87 Id. 976; 202 S. W. 229. The auto was subject to confiscation, being a vehicle and used in violating the law. Acts 1917, p. 45, § 6. The cases cited by appellant are not in point. The authorities are unanimous in favor of such forfeitures. 96 U. S. 395; 123 Id. 623; 139 N. C. 219; 129 Fed. 167; 36 Id. 84; 22 Cyc. 1643,16811644,1661, § 2. •
1Opinion of the CourtSmith, J.
Prior to October 8, 1917, the appellant company sold to one Jones, in Memphis, Tennessee, an automobile for jitney and taxi service, retaining the title to the car until the purchase price had been paid. But the payment had not been made on the date aforesaid. After purchasing the car, Jones, without the knowledge or consent of appellant, fitted the car with copper tanks having an aggregate capacity of seventy to eighty gallons of liquid, and, with the car thus camouflaged, proceeded to transport intoxicating liquor from Oaruthersville, Missouri, into and through Mississippi County, Arkansas,…
2Cases cited4 opinions
- Dobbins's Distillery v. United StatesSupreme Court of the United States · 1878
- United States v. One Black HorseDistrict Court, D. Maine · 1904
- United States v. Two Bay MulesDistrict Court, W.D. North Carolina · 1888
- Moody v. McKinneySupreme Court of South Carolina · 1906
3Cited by12 opinions
- State v. RichardsTexas Supreme Court · 1957
- One Hudson Super-Six Automobile v. StateSupreme Court of Oklahoma · 1920
- State v. BrownSupreme Court of Kansas · 1925
- Alcorn, State's Attorney v. AlexandroviczSupreme Court of Connecticut · 1931
- Robinson Cadillac Motor Car Co. v. RatekinNebraska Supreme Court · 1920
7 more not listed; retrieve them via the Exa API.