Commonwealth v. Certain Intoxicating Liquors, Ambrose Kelley
Massachusetts Supreme Judicial Court
Complaint and search warrant'under St. 1855, c. 215, § 25, for intoxicating liquors unlawfully kept for sale. At November term 1859 of the superior court in Franklin, the proceedings were quashed for informality, and the liquors ordered to be returned to the claimant, who then moved for costs. Vose, J. overruled the motion, and the claimant alleged exceptions.
1Opinion of the CourtMetcalf, J.
The court are of opinion that this is not a civil suit or proceeding, in which the claimant can recover costs of the Commonwealth, under the Rev. Sts. c. 121, § 22. We think the process on which the liquors were seized was a criminal process, and that the proceedings after the seizure were proceedings in a criminal prosecution. This seems clear upon the face of the 25th and subsequent sections of c. 215 of St. 1855. Se< also the form of the complaint and of the warrant to search, in St. 1855, c. 397.
The claimant seeks to bring his case within the provisions of the Rev. Sts. c. 118, which…
2Cases cited1 opinion
- Griswold v. Taylor's Adm'rCourt of Appeals of Kentucky · 1858