State v. One 1973 Cadillac

This case presents the question: can a forfeiture action under secs. 161.55(1) (d) and 161.555, Stats., 1 be brought against an automobile as the sole “defendant” ? We hold that it cannot.

In each of the four cases consolidated on appeal, the state seized a vehicle in connection with a drug arrest. Forfeiture actions naming the vehicle as the sole defendant 2 were commenced by filing a summons, complaint, and affidavit with the clerk of court and by personally serving such papers upon the persons from whom the vehicles were seized, who were also the apparent owners of the vehicles. All four…