State v. LeClair
Supreme Judicial Court of Maine
On exceptions. To a seizure process against the defendant, and from whom intoxicating liquors were taken previously without a warrant, he filed a demurrer alleging : (1.) The said process is a seizure process and not a search and seizure process as required by law'. (2.) Said process of complaint was made on oath before the clerk of the Lewiston Municipal Court and the warrant thereon issued and signed by said clerk, and said complaint not being heard on oath by the judge of…
Read the full summary
On exceptions. To a seizure process against the defendant, and from whom intoxicating liquors were taken previously without a warrant, he filed a demurrer alleging : (1.) The said process is a seizure process and not a search and seizure process as required by law'. (2.) Said process of complaint was made on oath before the clerk of the Lewiston Municipal Court and the warrant thereon issued and signed by said clerk, and said complaint not being heard on oath by the judge of said court and the warrant thereon signed by said judge as required by law, the said process of complaint and warrant…
1Opinion of the CourtWhitehouse, J.
This is a process for the seizure of intoxicating liquors, and the case comes to this court on a special demurrer to the complaint and warrant, specifying two grounds of objection : First, that the complaint and warrant constituted a seizure process and not a search and seizui’e process. Second, that the clerk of the municipal court of Lewiston and not the judge received the complaint and issued the warrant.
*527I. With respect to the first objection, it appears that, by-virtue of section thirty-nine of chapter twenty-seven of the Revised Statutes, the officer seized certain intoxicating liquors…
2Cases cited13 opinions
- State ex rel. Hovey v. NobleIndiana Supreme Court · 1889
- Yates v. LansingNew York Supreme Court · 1810
- Flournoy v. City of JeffersonvilleIndiana Supreme Court · 1861
- Underwood v. McDuffeeMichigan Supreme Court · 1867
- Allor v. Board of AuditorsMichigan Supreme Court · 1880
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- In Re RichardsSupreme Judicial Court of Maine · 1966
- Park v. United StatesCourt of Appeals for the First Circuit · 1924
- San Antonio & A. P. Ry. Co. v. BlairTexas Supreme Court · 1917
- State ex rel. Standaed Oil Co. v. BlaisdellNorth Dakota Supreme Court · 1911
- People v. . DiamondNew York Court of Appeals · 1922
10 more not listed; retrieve them via the Exa API.