Glover v. State
Supreme Court of Alabama
Appeal from Circuit Court, Walker County; J. J. Curtis, Judge. Action by the State of Alabama, on the relation of its pirosecuting attorney, to condemn an automobile because used in transporting prohibited liquors, with claim by Luard Glover. From a judgment of condemnation the claimant appeals.
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Appeal from Circuit Court, Walker County; J. J. Curtis, Judge. Action by the State of Alabama, on the relation of its pirosecuting attorney, to condemn an automobile because used in transporting prohibited liquors, with claim by Luard Glover. From a judgment of condemnation the claimant appeals. The court ered in sustaining demurrers to claimant’s petition, and by requiring claimant to add the words: “He could not by reasonable diligence have obtained knowledge or notice thereof.” 203 Ala. 90, 82 South. 104; 37 Ala. 242. The court erred in permitting it to be shown that a still was found near…
1Opinion of the CourtGardner, J.
[1] A Ford automobile, found in possession of one Short, and containing prohibited liquors, was seized by an officer, and condemnation proceedings instituted by the state’s solicitor. Appellant interposed his claim as the owner of the car. The trial court sustained demurrer to claimant’s petition as amended, upon the ground that it failed to allege that claimant could not, by reasonable diligence, have obtained knowledge or notice of the illegal use of the ear, and this ruling is here assigned as error.
It was helfl in State v. Crosswhite, 203 Ala. 586, 84 South. 813, and State v. One…
2Cases cited9 opinions
- Bowling v. StateSupreme Court of Alabama · 1920
- State Ex Rel. Tate v. One Lexington AutomobileSupreme Court of Alabama · 1919
- Flint Motor Car Co. v. StateSupreme Court of Alabama · 1920
- State v. CrosswhiteSupreme Court of Alabama · 1920
- Briscoe Motor Car Co. v. StateSupreme Court of Alabama · 1920
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3Cited by5 opinions
- Edwards v. StateSupreme Court of Alabama · 1925
- Equitable Credit Co. v. State Ex Rel. PerrySupreme Court of Alabama · 1925
- Auburn Sales Co. v. StateSupreme Court of Alabama · 1929
- Deerman v. State ex rel. BainsSupreme Court of Alabama · 1950
- Commercial Credit Co. v. StateSupreme Court of Alabama · 1925