In re the Search for & Seizure of Liquors
Appellate Division of the Supreme Court of the State of New York
Appeal by Charles H. Dexter from an order and judgment of Hon. J. H. Cavanaugh, acting city judge of Mount Vernon, entered in the office of the clerk of the City Court of Mount Vernon on the 7th day of June, 1919, dismissing this proceeding, setting aside the warrant for search and seizure herein and the service thereof, and directing the return of the liquors by reason of the alleged defective service of the warrant which was issued under section 33 of the Liquor Tax Law…
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Appeal by Charles H. Dexter from an order and judgment of Hon. J. H. Cavanaugh, acting city judge of Mount Vernon, entered in the office of the clerk of the City Court of Mount Vernon on the 7th day of June, 1919, dismissing this proceeding, setting aside the warrant for search and seizure herein and the service thereof, and directing the return of the liquors by reason of the alleged defective service of the warrant which was issued under section 33 of the Liquor Tax Law (as amd. by Laws of 1913, chap. 614, and Laws of 1916, chap. 417). On May 20, 1919, Mr. Dexter, as special agent of the…
1Opinion of the Court
Putnam, J.:
The Liquor Tax Law provides for a proceeding in rem. Such proceedings leading to a forfeiture are to be strictly' followed. No doubt the Legislature might provide simply for posting the notice on the premises with publication in a newspaper, as in the earlier statutes for registration of land titles. (Tyler v. Court of Registration, 175 Mass. 71.) Here there was to be personal service by “ delivery ” of a copy to the persons having possession of the seized goods, as a condition for a real dispossession of the articles taken.
Instead of such compliance, Busso received an imperfect…
2Cases cited3 opinions
- Tyler v. Judges of Court of RegistrationMassachusetts Supreme Judicial Court · 1900
- Courtney v. . Eighth Ward BankNew York Court of Appeals · 1898
- In re Ingalls, New York County Courts1912
3Cited by3 opinions
- Denton v. StateCourt of Criminal Appeals of Oklahoma · 1937
- People v. Wicka, New York County Courts1921
- People v. DiamondAppellate Division of the Supreme Court of the State of New York · 1922