Gore v. Davis

In my opinion the majority opinion overlooks the manifest intent of the statute. Its provisions apply only when the owner of the repaired or stored vehicle cannot be ascertained. The statute requires that the person removing or storing the vehicle "shall diligently seek the identity of the owner and shall notify such owner of the vehicle.” Code Ann. § 68-2302. The statute provides that "if the owner cannot be ascertained, the person impounding” can then proceed with the advertising and sale of the vehicle and disposition of the proceeds of the sale as provided in the statute.

Clearly, then, if…