Legal Opinion

In Re the Liquors of George W. Hoxsie & Co.

Supreme Court of Rhode Island

Decided January 30, 1886PublishedCited by 26 opinions

Exceptions to the Court of Common Pleas in proceedings for forfeiture under Pub. Stat. R. 1. cap. 87.

1Opinion of the CourtStiness, J.

The only exceptions presented at the heariifg relate to the sufficiency of the information. Pub. Stat. R. I. cap. 87, § 39, provides that the officer making a seizure of liquors “ shall forthwith proceed to prosecute for the forfeiture thereof in the manner provided by law.” In ■ this case a little over three months elapsed between the seizure and the filing of the information. The defendants therefore claim that the officer, in failing to make complaint “ forthwith,” lost his right to complain at all, and became a trespasser ab initio. We think the provision in the statute is directory. It…

2Cases cited2 opinions

  1. Commonwealth v. SpragueMassachusetts Supreme Judicial Court · 1880
  2. State v. MohrSupreme Court of Iowa · 1880

3Cited by26 opinions

  1. United States v. Jose Manuel CandelarioCourt of Appeals for the Eleventh Circuit · 2001
  2. Melissa Knibbs v. Anthony Momphard, Jr.Court of Appeals for the Fourth Circuit · 2022
  3. Bean Dredging, LLC v. United StatesDistrict Court, District of Columbia · 2011
  4. Tubular Service Corp. v. COMMR. STATE HIGHWAY DEPT.New Jersey Superior Court Appellate Division · 1963
  5. United States v. Dravion Sanchez WareCourt of Appeals for the Eleventh Circuit · 2023

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