Starrett v. Pedersen

Hilton, Justice.

Action in replevin brought by plaintiff to recover a quantity of intoxicants seized by defendant in his capacity as sheriff upon the arrest of plaintiff on the charge of unlawfully having intoxicating liquor in his possession for the purpose of sale.

The facts, as found by the lower court, were stipulated. In Chippewa county, one of the so-called dry counties of this state, it was unlawful to have in one’s possession intoxicating liquor for the purpose of sale for use as a beverage. See 3 Mason Minn. St. 1934 Sapp. §§ 3200-5, 3200-30, 3200-51. On May 31, 1935, plaintiff was…