Briscoe Motor Car Co. v. State
Supreme Court of Alabama
Appeal from Circuit Court, Chilton County ; B. K. McMorris, Judge. The State of Alabama, on the relation of its solicitor, filed a bill to condemn and confiscate a Briscoe Motor Car, found in the possession of one J. H. Reeves, and alleged to have been used in transporting prohibited liquor. The Briscoe Motor Car Company intervened and filed claim to the car, and from a decree condemning the car it appeals. Under the evidence in this case, the decree was erroneous.
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Appeal from Circuit Court, Chilton County ; B. K. McMorris, Judge. The State of Alabama, on the relation of its solicitor, filed a bill to condemn and confiscate a Briscoe Motor Car, found in the possession of one J. H. Reeves, and alleged to have been used in transporting prohibited liquor. The Briscoe Motor Car Company intervened and filed claim to the car, and from a decree condemning the car it appeals. Under the evidence in this case, the decree was erroneous. State v. Hughes, 203 Ala. 90, 82 South. 104; Raiford v. State, 59 Ala. 106. The claim was not sufficient. State v. One Lexington…
1Opinion of the CourtMcCLELLAN, J.
a Briscoe automobile, claimed by appellant, was .condemned as contraband under the provisions of the act “to further suppress the evils of intemperance,” approved January 25, 1919 (Gen. Acts, p. 6 et seq.), and its sale ordered. The claimant appeals. The automobile was seized by the sheriff of Chilton county while being used by J. H. Reeves and another to transport a large quantity of prohibited liquors through that county. The appellant, claimant, asserted its unqualified ownership of the car, and that the use of the car on this occasion was an wholly- unauthorized appropriation of the car.…
2Cases cited4 opinions
- State v. HughesSupreme Court of Alabama · 1919
- Maples v. StateSupreme Court of Alabama · 1919
- State Ex Rel. Tate v. One Lexington AutomobileSupreme Court of Alabama · 1919
- State v. CrosswhiteSupreme Court of Alabama · 1920
3Cited by6 opinions
- Edwards v. StateSupreme Court of Alabama · 1925
- Tittle v. StateSupreme Court of Alabama · 1949
- Commercial Nat. Bank v. State Ex Rel. DormonSupreme Court of Alabama · 1948
- Glover v. StateSupreme Court of Alabama · 1921
- Shropshire v. State ex rel. WilliamsSupreme Court of Alabama · 1950
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