State v. Kelly
Montana Supreme Court
Appeal from District Court of Silver Bow County; John V. Dwyer, Judge. Proceeding under the Search and Seizure Act, Chapter 143, Laws of 1917, instituted by the state against John D. Kelly, et al., and certain intoxicating liquors, From the judgment and an order denying her a new trial, claimant Lucille Howard appeals. Judgment modified and affirmed. The court erred in denying appellant’s motion to tax costs.
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Appeal from District Court of Silver Bow County; John V. Dwyer, Judge. Proceeding under the Search and Seizure Act, Chapter 143, Laws of 1917, instituted by the state against John D. Kelly, et al., and certain intoxicating liquors, From the judgment and an order denying her a new trial, claimant Lucille Howard appeals. Judgment modified and affirmed. The court erred in denying appellant’s motion to tax costs. “The right to costs and the liability therefor depends upon the provisions of the statute under which such a proceeding is brought.” (Nichols v. Polk County, 78 Iowa, 137, 42 N. W. 627;…
1Opinion of the CourtJustice Holloway
On April 12, 1919, John P. Murphy made complaint to the-district court of Silver Bow county that he had' reason to believe, and did believe, that intoxicating liquors were being kept,, possessed and deposited at the Almira Apartments, in Butte,. *128with the intention that such liquors should be sold, exchanged, given away or otherwise disposed of in violation of the laws of the state of Montana. The complaint named as defendants, John Doe Kelly, afterwards identified as Joe D. Kelly; Bichard Boe, thereafter identified as B. P. Dickerson; Jennie Doe, thereafter identified as Lucille Howard, and…
2Cases cited11 opinions
- Frost v. PeopleIllinois Supreme Court · 1901
- Cameron v. United StatesSupreme Court of the United States · 1893
- Kirkland v. StateSupreme Court of Arkansas · 1904
- Ogle v. PotterMontana Supreme Court · 1900
- Finch v. KentMontana Supreme Court · 1900
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3Cited by16 opinions
- Anzaldua v. BandMichigan Supreme Court · 1998
- Conservation Department v. BrownMichigan Supreme Court · 1952
- State ex rel. Neville v. MullenMontana Supreme Court · 1922
- State v. BowkerMontana Supreme Court · 1922
- State Ex Rel. Merrell v. District CourtMontana Supreme Court · 1924
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