State ex rel. Green v. Bird
Montana Supreme Court
'Appeal from District Court, Missoula Coimty; Theodore Lentz, Judge. Proceeding for tbe forfeiture of an automobile, used in tbe transportation of intoxicating liquor, by tbe State, on tbe relation of J. T. Green, against Roy Bird and others, in which tbe John Doran Company appeared as claimant. From a judgment directing forfeiture of the automobile, the claimant appeals.
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'Appeal from District Court, Missoula Coimty; Theodore Lentz, Judge. Proceeding for tbe forfeiture of an automobile, used in tbe transportation of intoxicating liquor, by tbe State, on tbe relation of J. T. Green, against Roy Bird and others, in which tbe John Doran Company appeared as claimant. From a judgment directing forfeiture of the automobile, the claimant appeals. The Act under which the automobile was forfeited does not apply to automobiles, and the evidence does not show that the court had jurisdiction over the car or to forfeit it. The Act continually refers to “all implements,…
1Opinion of the Court
MR. COMMISSIONER AYERS
prepared the opinion for the court.
This appeal is from a judgment of the district court of Missoula county, adjudging a certain automobile forfeited and ordering it sold, under the provisions of Chapter 143 of *411the Session Laws of 1917, known as the Prohibition Enforcement Act.
On May 14, 1919, T. J. Green, sheriff of Missoula county, made and filed in the district court of his county a verified “complaint for a search-warrant,” praying for process authorizing him to search two certain automobiles. The judge thereupon issued a warrant as prayed for, directing the search…
2Cases cited11 opinions
- United States v. StowellSupreme Court of the United States · 1890
- Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875
- State ex rel. Samlin v. District CourtMontana Supreme Court · 1921
- Skinner v. ThomasSupreme Court of North Carolina · 1916
- United States v. Two Barrels WhiskyCourt of Appeals for the Fourth Circuit · 1899
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3Cited by5 opinions
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- General Motors Acceptance Corp. v. StateSupreme Court of Florida · 1943
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- Davis v. BurtonMontana Supreme Court · 1954