Legal Opinion

Sturm Motor Car Co. v. State

Supreme Court of Oklahoma

Decided October 19, 1920No. 10440Published

Error from County Court, Tulsa County; W. B. Williams, Judge. . Proceeding by the state to forfeit an automobile used in transporting intoxicating liquors, the Sturm Motor Co. intervening. A judgment of forfeiture was rendered, and in-tervener brings error.

1Opinion of the Court

PER CURIUM.

In this ease the Attorney General has filed the following confession of error:

“It clearly appears that the intervener in the court below, the Sturm Motor Car Company, and the plaintiff in error in this court, held a bona fide chattel mortgage on the vehicle forfeited to the state, and was without knowledge or notice that it was being used for unlawful purpose. Therefore, under the rule laid down in the case of One Buick Car v. State of Oklahoma, 77 Okla. 233, 188 Pae. 108, and the authorities therein cited, it was error, for the court below to disregard, the plea of intervention,…

2Cases cited1 opinion

  1. One Buick Car v. StateSupreme Court of Oklahoma · 1920

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