Commonwealth v. Intoxicating Liquors

110 Mass. 188

Opinion

Colt, J.

The claimants failed to appear and make claim to the liquors seized. They were defaulted and never became parties to the proceedings. They cannot come in, after a judgment of forfeiture, and appeal from an order of the court under the St of 1869, o. 415, § 52, directing the disposition to be made of the forfeited property, or from the judgment of forfeiture. The order for the destruction of the liquors was not a “ judgment founded on matter of law apparent on the record ” from which an appeal can be taken. And the claimants not having been admitted to prosecute their claim, were not parties aggrieved by the order. Gen. Sts. e. 114, § 10.

It does not appear that the St. of 1872, e. 304, repealing the provision, had then taken effect. Appeal dismissed.