Legal Opinion

State v. Parshley

Supreme Judicial Court of Maine

Decided November 14, 1911PublishedCited by 1 opinion

On report. Search and seizure process and reported to the Law Court. The report is as follows: "This was a process for the seizure of intoxicating liquors, alleged to be stored for the purpose of illegal sale in the office of the American Express Company in the City of Bath.

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On report. Search and seizure process and reported to the Law Court. The report is as follows: "This was a process for the seizure of intoxicating liquors, alleged to be stored for the purpose of illegal sale in the office of the American Express Company in the City of Bath. It was issued by the Bath Municipal Court, and is dated August 5, 1910. "The following facts appear in evidence: "A barrel containing intoxicating liquors was shipped from Boston, Massachusetts, to Bath, Maine, the barrel, according to the marks thereon being consigned to H. C. Parshley. The driver for the express company…

1Opinion of the CourtBird, J.

There being no claim of an actual delivery, the sole question for determination is whether the liquors were constructively delivered before seizure under process.

The act of Congress of August 8, 1890, 26 Stats. 313, known as the Wilson Act, provides that all intoxicating liquors "transported into any state or territory, or remaining therein for use, *412consumption, sale or storage therein, shall upon arrival in such state or territory, be subject to the operation and effect of the laws of such state or territory enacted in the exercise of its police powers, to the same extent and in the same…

2Cases cited6 opinions

  1. In Re RahrerSupreme Court of the United States · 1891
  2. Heyman v. Southern Railway Co.Supreme Court of the United States · 1906
  3. Adams Express Co. v. KentuckySupreme Court of the United States · 1907
  4. Adams Express Co. v. KentuckySupreme Court of the United States · 1909
  5. Atchison, T. & S. F. Ry. Co. v. Interstate Commerce CommissionCommerce Court · 1911

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Brown v. Railway Express Agency, Inc.Supreme Judicial Court of Maine · 1936

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