State ex rel. Streit v. Justice Court
Montana Supreme Court
Prohibition by the state, on relation of Herman Streit, against the Justice Court of Chinook Township, Chouteau County, and H. B. Brooks, justice of the peace. From a judgment awarding a peremptory writ, defendants appeal. submitted a brief, and argued the cause orally. The issuance of a search-warrant to search for and seize liquors unlawfully kept for sale is well within the intendment of the law, and the proceeding is not a novel one.
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Prohibition by the state, on relation of Herman Streit, against the Justice Court of Chinook Township, Chouteau County, and H. B. Brooks, justice of the peace. From a judgment awarding a peremptory writ, defendants appeal. submitted a brief, and argued the cause orally. The issuance of a search-warrant to search for and seize liquors unlawfully kept for sale is well within the intendment of the law, and the proceeding is not a novel one. A statute permitting a search-warrant to issue for the search of premises in which liquors were unlawfully kept for sale, or intended for sale, contrary to…
1Opinion of the CourtChief Justice Brantly
On August 19, 1911, J. H. Miewald filed with the defendant, a justice of the peace in Chinook township, Chouteau county, an affidavit asking for the issuance of a search-warrant, a copy of which follows:
“State of Montana, County of Chouteau,
“ J. H. Miewald, being first duly sworn, on oath deposes and says that the above-named defendant, Herman Streit, has in his possession in that certain frame building situated on lot 8 of block 3, in the town of Chinook, which said building is near to and adjoining the Arlington Hotel on the north side thereof, and which said frame building is known as ‘…
2Cases cited3 opinions
- State v. GuthrieSupreme Judicial Court of Maine · 1897
- City of Helena v. KentMontana Supreme Court · 1905
- State ex rel. City of Butte v. District CourtMontana Supreme Court · 1908
3Cited by13 opinions
- State ex rel. Samlin v. District CourtMontana Supreme Court · 1921
- State v. Certain Contraceptive MaterialsSupreme Court of Connecticut · 1940
- United States v. Salvatore Finazzo, Dominic J. LicavoliCourt of Appeals for the Sixth Circuit · 1978
- State v. SniderMontana Supreme Court · 1975
- Grimmett v. StateSupreme Court of Arkansas · 1972
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