One Liberty Roadster v. State Ex Rel. Tate
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; Dan A. Greene, Judge. Bill by the State of Alabama on relation of Joseph Tate, solicitor, for the condemnation of one Liberty roadster automobile, because used in the illegal transportation of prohibited liquors, with claim to the same by Mrs. M. I. Glass. From a decree of condemnation, claimant appeals.
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Appeal from Circuit Court, Jefferson County ; Dan A. Greene, Judge. Bill by the State of Alabama on relation of Joseph Tate, solicitor, for the condemnation of one Liberty roadster automobile, because used in the illegal transportation of prohibited liquors, with claim to the same by Mrs. M. I. Glass. From a decree of condemnation, claimant appeals. The petition alleges that the automobile was being used by Sam Howard and Ben Glass for tbe transportation of prohibited liquors; that Ben Glass is the husband of the claimant, etc. It .is without dispute that the ear in question was the property…
1Opinion of the CourtSomerville, J.
[1] It does not appear that the testimony in this case was heard orally by the trial court, and hence the finding of that court is not supported by any consideration of its superior facilities for estimating tbe credibility of the testimony offered.
[2] In view of tbe proper and legal use made of this ear by Howard on previous occasions, when borrowed by Mm from Mrs. Glass for tbe same ostensible purpose, we do not think she was put upon notice that he might use it differently and illegally on the occasion in question, merely because she knew of his previous offense in the use of his own car.…
2Cases cited1 opinion
- In Re GattinaSupreme Court of Alabama · 1919
3Cited by2 opinions
- Deerman v. State ex rel. BainsSupreme Court of Alabama · 1950
- Brandon v. StateSupreme Court of Alabama · 1954