Prendergast v. Dwyer

SMITH, Justice.

Pursuant to stipulation of the parties, the trial court entered an order substituting Robert P. Dwyer as defendant-appellant in this matter in the place of John Halloclc, who was justice of the peace of appellate justice court at the time of the commencement of this action.

This appeal presents the issue of the constitutionality of I.C. § 18-3804 as applied to respondent under the facts and circumstances presented in this cause, i. e., whether certain of respondent’s personalty alleged to be contraband can be seized summarily and ordered destroyed without notice and hearing.

The…