In Re State

Supreme Court of Oklahoma

In Re State

1918 OK 136, 171 P. 475, 69 Okla. 187, 1918 Okla. LEXIS 659

CourtSupreme Court of Oklahoma

DecidedMarch 5, 1918

Docket8322

StatusPublished

This text of 1918 OK 136 (In Re State) 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 State, 1918 OK 136, 171 P. 475, 69 Okla. 187, 1918 Okla. LEXIS 659 (Okla. 1918).

Pincite

Opinion

Opinion by

HOOKER, C.

The county attorney of Bryan county filed his petition duly verified in the county court of Bryan county on November 4, 3915, seeking to confiscate certain personal property, among which was the Wagon and team involved in this appeal.

Notice of hearing was served on the same day upon several parties in whose possession the property was found at the time of its seizure, and on November 18, 1915, one Mrs. H. MVrTnnes interpleaded and claimed the wagon and team as her own, and that if it was being used for any purpose in violation of law, it was without her knowledge and consent, and likewise the Coalgate State Bank interpleaded and asserted a mortgage lien upon the same, and that it had never given its consent and was without knowledge that the same was to be used in violation of law. Mrs. Mclnnes and the bank asked that the property be returned to them. The cause was tried by the court without a jury, and a judgment rendered, confiscating said property to the state and denying to Mrs. Mclnnes and the bank the relief sought by them.

The evidence fails to connect the property involved with any unlawful use-

Mrs. Mclnnes has appealed here and has briefed the questions of law involved, but the county attorney has filed no brief, nor has he sought any time within which1 to file one. and, inasmuch as the contentions urged by the. brief of the attorney for the inter-pleader ’ seem to be well taken and • sup-orted by authority, this cause is reversed and remanded for a new trial, on account of the failure of the county attorney t*. brief said cause.

By the Court ¡, 'It is so ordered.

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Opinion by

HOOKER, C.

The county attorney of Bryan county filed his petition duly verified in the county court of Bryan county on November 4, 3915, seeking to confiscate certain personal property, among which was the Wagon and team involved in this appeal.

Notice of hearing was served on the same day upon several parties in whose possession the property was found at the time of its seizure, and on November 18, 1915, one Mrs. H. MVrTnnes interpleaded and claimed the wagon and team as her own, and that if it was being used for any purpose in violation of law, it was without her knowledge and consent, and likewise the Coalgate State Bank interpleaded and asserted a mortgage lien upon the same, and that it had never given its consent and was without knowledge that the same was to be used in violation of law. Mrs. Mclnnes and the bank asked that the property be returned to them. The cause was tried by the court without a jury, and a judgment rendered, confiscating said property to the state and denying to Mrs. Mclnnes and the bank the relief sought by them.

The evidence fails to connect the property involved with any unlawful use-

Mrs. Mclnnes has appealed here and has briefed the questions of law involved, but the county attorney has filed no brief, nor has he sought any time within which1 to file one. and, inasmuch as the contentions urged by the. brief of the attorney for the inter-pleader ’ seem to be well taken and • sup-orted by authority, this cause is reversed and remanded for a new trial, on account of the failure of the county attorney t*. brief said cause.

By the Court ¡, 'It is so ordered.

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Bluebook (online)

1918 OK 136, 171 P. 475, 69 Okla. 187, 1918 Okla. LEXIS 659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-state-okla-1918.