Maynard & Child, Inc. v. Shearer

HOGG, Judge.

Maynard & Child, Inc., instituted a declaratory judgment suit in the Franklin Circuit Court whereby it sought the restoration to it of certain whiskey it had shipped by interstate carrier from Maryland to Kentucky, which was seized in transit by the appellee, Guy C. Shearer, Commissioner of the Department of Alcoholic Beverage Control. The appellee threatened to confiscate the whiskey for non-payment of import and consumer taxes. Shearer filed a general demurrer to the petition and, without waiving the demurrer, an answer which alleged that the shipments of whiskey seized by him…