State v. Burrows's Liquors
Supreme Court of Connecticut
Complaint under the 22d section of the act relating to spirituous liquors, made to a justice of the peace by three citizens of the town of Groton in New London County, charging that the liquors were kept by one S. W. Burrows for the purpose of selling them in violation of the act.
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Complaint under the 22d section of the act relating to spirituous liquors, made to a justice of the peace by three citizens of the town of Groton in New London County, charging that the liquors were kept by one S. W. Burrows for the purpose of selling them in violation of the act. A warrant was issued by the justice for the seizure of the liquors, and public notice given as required by the statute, and at the time of the hearing upon the return of the warrant Burrows appeared and claimed an interest in the liquors and defended the case. The case was adjourned, and at the adjourned hearing one…
1Opinion of the CourtButler, C. J.
The court was clearly right in rejecting the plea of Burrows. He had no standing in the Superior Court.
The proceeding is special, statutory, and in rem, and every step is specifically prescribed. The warrant is framed and issued to search for and seize the liquors, and charges no personal offence against the owner or keeper, and does not prescribe his arrest or summon him to answer.
When the liquors are seized and taken into the custody of the law, the justice who issued the warrant is required to summon the party named in the complaint as owner or keeper, and all other persons who may have an…
2Cited by2 opinions
- Steward v. StateIndiana Supreme Court · 1913
- State ex rel. Prato v. District CourtMontana Supreme Court · 1919