Legal Opinion

State v. Nielsen

Montana Supreme Court

Decided January 30, 1920No. 4,431PublishedCited by 10 opinions

Appeal from District Court of Silver Bow County; John V. Dwyer, Judge. Proceedings by tbe State, under tbe Prohibition Enforcement Act, against George Nielsen and certain intoxicating liquors. From the judgment ordering the seized liquors destroyed, and from an order denying her a new trial, Edith Nielsen appeals. Judgment affirmed and appeal from order dismissed.

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Appeal from District Court of Silver Bow County; John V. Dwyer, Judge. Proceedings by tbe State, under tbe Prohibition Enforcement Act, against George Nielsen and certain intoxicating liquors. From the judgment ordering the seized liquors destroyed, and from an order denying her a new trial, Edith Nielsen appeals. Judgment affirmed and appeal from order dismissed. It was contended in the trial court that the possession by the claimant of so much whisky as was here involved should be considered as evidence that it was being held for an illegal purpose. No such presumption attaches under our…

1Opinion of the CourtJustice Hurly

Proceedings were instituted in the district court of Silver Bow county under the provisions of Chapter 143, Laws of 1917, by the filing of an affidavit alleging that one John Doe Nielsen, the occupant of room 421, Hotel Leggat, in the city of Butte, “did at, and does now, on and in said premises sell, exchange, give away, barter, furnish and otherwise dispose of intoxicating liquors in violation of the laws of the state of Montana and did then and there andi does now therein and thereon, keep, possess and deposit intoxicating liquors with intent to sell, exchange, give away, barter, furnish…

2Cases cited5 opinions

  1. Freeman v. Chicago, M. & St. P. Ry. Co.Montana Supreme Court · 1916
  2. Johnson v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1916
  3. Emerson v. Butte Electric Ry. Co.Montana Supreme Court · 1912
  4. State v. JohnsonSupreme Court of Iowa · 1912
  5. Lewis v. LewisSupreme Court of Connecticut · 1904

3Cited by10 opinions

  1. State ex rel. Neville v. MullenMontana Supreme Court · 1922
  2. State Ex Rel. Merrell v. District CourtMontana Supreme Court · 1924
  3. Carlisle v. State Ex Rel. Harris, Co.Supreme Court of Oklahoma · 1936
  4. Withers v. Pacific Mutual Life InsuranceMontana Supreme Court · 1920
  5. Knop v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1920

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