State Ex Rel. Tate v. One Lexington Automobile
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; Hugh. A. Locke, Judge. Proceeding by the State of Alabama, on the relation of J. R. Tate, Solicitor, against One Lexington Automobile, alleged to have been used by one Hubert Harrison and others for the illegal conveyance of intoxicating liquors, with intervention by the Denegre Car & Truck Company under retention title notes in the car. From an adverse decree, the State appeals.
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Appeal from Circuit Court, Jefferson County ; Hugh. A. Locke, Judge. Proceeding by the State of Alabama, on the relation of J. R. Tate, Solicitor, against One Lexington Automobile, alleged to have been used by one Hubert Harrison and others for the illegal conveyance of intoxicating liquors, with intervention by the Denegre Car & Truck Company under retention title notes in the car. From an adverse decree, the State appeals. The court fell into error in placing the burden on the state to show that the seller could not have obtained notice of the use to which the car was put by the exercise of…
1Opinion of the CourtThomas, J.
The question is: If a dealer disposes of an automobile on a conditional sale contract for the purpose of being operated as a taxicab by the purchaser or another, and in such operation it is used for the illegal transportation of liquors and is seized while so used, can the seller assert a valid claim thereto and prevent its forfeiture to the state without averring and proving that he did everything reasonably possible to prevent the car’s use in violation of the statute, or that by the exercise of reasonable diligence he could not have discovered and prevented the illegal use of the car?
This…
2Cases cited3 opinions
- State v. HughesSupreme Court of Alabama · 1919
- Maples v. StateSupreme Court of Alabama · 1919
- Frazier v. StateSupreme Court of Alabama · 1919
3Cited by20 opinions
- Graves v. BrittinghamSupreme Court of Alabama · 1923
- Flint Motor Car Co. v. StateSupreme Court of Alabama · 1920
- State v. CrosswhiteSupreme Court of Alabama · 1920
- State Ex Rel. Seibels v. FarleySupreme Court of Alabama · 1921
- State v. MerrillSupreme Court of Alabama · 1920
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