State v. Davis
Utah Supreme Court
Appeal from District Court, Second District, Morgan County; A. W. Agee, Judge. Search and forfeiture proceedings by the state of Utah against A. F. Davis, seven hundred and forty-four pints of whisky, two cases of gin, one Paige automobile, and certain other property unlawfully used, Mrs. F. B. Ferrand, and Charles McSwine. From judgment of forfeiture, defendants Ferrand and McSwine appeal.
1DissentFrick, J.
I regret that, after most careful reflection and consideration, I am unable to concur in either the reasoning of my associate Mr. Justice WEBER, or the conclusions reached by him upon the question of the right to confiscate or forfeit the automobile in which the intoxicating liquors in question in this proceeding were found and seized, and upon the question that the proceedings in question must be more liberally construed because they partake of the nature of civil proceedings, as hereinafter explained.
In view of the importance of the question, and in view that in my judgment some of the most…
2Cases cited30 opinions
- United States v. ChouteauSupreme Court of the United States · 1881
- United States v. WeitzelSupreme Court of the United States · 1918
- City of St. Louis v. LaughlinSupreme Court of Missouri · 1872
- Ambler v. WhippleIllinois Supreme Court · 1891
- State v. SchuchmannSupreme Court of Missouri · 1896
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