Fields v. Arnall

Duckworth, Justice.

(After stating the foregoing facts.) There is no merit in that portion of the motion attacking the final judgment upon the ground that the offense is described in the bond as “manufacturing whisky” and is described in the forfeiture proceeding as “felony.” In the first place, the forfeiture proceeding asserts that the offense is described in the bond as “felony,” and service was duly had upon the movant, and the recital of facts therein was not by him challenged in the forfeiture proceeding. Any attack he might have made upon this ground should have been made at that time,…