Franklin v. State Ex Rel. Trammell

MERRILL, Justice.

This is an appeal from a decree in equity condemning and ordering sold an automobile because it was used for the hauling of prohibited liquors and beverages in violation of Tit. 29, § 247, Code 1940.

The State contends that we should apply the principle that where the evidence was ore tenus, the conclusion of the trial court is given the same weight as a verdict of a jury and will not be disturbed on appeal, unless it is contrary to the great weight of the evidence.

This principle is not applicable here because the evidence is uncontroverted. Where the evidence is undisputed,…