In Re One Ford Automobile

Supreme Court of Oklahoma

In Re One Ford Automobile

1918 OK 541, 175 P. 226, 73 Okla. 155, 1918 Okla. LEXIS 77

CourtSupreme Court of Oklahoma

DecidedSeptember 24, 1918

DocketNo. 9305

StatusPublished

This text of 1918 OK 541 (In Re One Ford Automobile) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re One Ford Automobile, 1918 OK 541, 175 P. 226, 73 Okla. 155, 1918 Okla. LEXIS 77 (Okla. 1918).

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Opinion

This is an appeal from the judgment of forfeiture rendered in the trial court against one Ford automobile seized on January 28, 1917, charged with being used as a conveyance for the transportation of whisky from one point in the state to another, on the day of seizure.

The case is controlled by the decision of this court in case No. 9008, One Cadillac Automobile v. State, reported in68 Okla. 116, 172 P. 62, and the subsequent cases following that decision to the effect that the judgment of confiscation was not authorized by the law as it existed at that time of the seizure. The judgment appealed from must therefore be reversed.

It is ordered that the judgment appealed from be reversed, and the cause remanded, with directions to the trial court to vacate the judgment of forfeiture and return the Ford to its owner.

By the Court: It is so ordered.

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This is an appeal from the judgment of forfeiture rendered in the trial court against one Ford automobile seized on January 28, 1917, charged with being used as a conveyance for the transportation of whisky from one point in the state to another, on the day of seizure.

The case is controlled by the decision of this court in case No. 9008, One Cadillac Automobile v. State, reported in68 Okla. 116, 172 P. 62, and the subsequent cases following that decision to the effect that the judgment of confiscation was not authorized by the law as it existed at that time of the seizure. The judgment appealed from must therefore be reversed.

It is ordered that the judgment appealed from be reversed, and the cause remanded, with directions to the trial court to vacate the judgment of forfeiture and return the Ford to its owner.

By the Court: It is so ordered.

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Bluebook (online)

1918 OK 541, 175 P. 226, 73 Okla. 155, 1918 Okla. LEXIS 77, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-one-ford-automobile-okla-1918.

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