Johnoff v. State

Court of Appeals of Georgia

Johnoff v. State

117 S.E. 764, 30 Ga. App. 316, 1923 Ga. App. LEXIS 427

CourtCourt of Appeals of Georgia

DecidedMay 21, 1923

Docket14129

StatusPublished

Cited by2 cases

This text of 117 S.E. 764 (Johnoff v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Johnoff v. State, 117 S.E. 764, 30 Ga. App. 316, 1923 Ga. App. LEXIS 427 (Ga. Ct. App. 1923).

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Opinion

Jenkins, P.'J.

This was a condemnation proceeding brought in the superior court of Bryan county for the condemnation of an automobile, on account of its having been used in the transportation of intoxicating liquors on a public road of the State, in violation of the prohibition act. The evidence of the sheriff of [317]*317Bryan county, who seized the car, shows without contradiction that it was abandoned by the driver in Bulloch county, and was • there seized. The prohibition act provides (Park’s Code Supp. 1917, § 448 (oooo) ) that “ all vehicles and conveyances of every kind and description which are used on any of the public roads or private ways of this State ... in conveying any liquors or beverages, the sale or possession of which is prohibited by law, shall be seized by any sheriff or other arresting officer, who shall report the same to the solicitor of the count}', city or superior court having jurisdiction in the county where the seizure was made.” In Avera v. State, 25 Ga. App. 276 (103 S. E. 94), it was held that “only a court having jurisdiction in the county where the vehicle is seized has jurisdiction of 'the condemnation proceedings,” and that such jurisdiction must be affirmatively, made to appear. As the evidence affirmatively shows that the trial court was without jurisdiction, the judgment of condemnation must be reversed.

Judgment reversed.

Stephens and Bell, JJ., concur.

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Jenkins, P.'J.

This was a condemnation proceeding brought in the superior court of Bryan county for the condemnation of an automobile, on account of its having been used in the transportation of intoxicating liquors on a public road of the State, in violation of the prohibition act. The evidence of the sheriff of [317]*317Bryan county, who seized the car, shows without contradiction that it was abandoned by the driver in Bulloch county, and was • there seized. The prohibition act provides (Park’s Code Supp. 1917, § 448 (oooo) ) that “ all vehicles and conveyances of every kind and description which are used on any of the public roads or private ways of this State ... in conveying any liquors or beverages, the sale or possession of which is prohibited by law, shall be seized by any sheriff or other arresting officer, who shall report the same to the solicitor of the count}', city or superior court having jurisdiction in the county where the seizure was made.” In Avera v. State, 25 Ga. App. 276 (103 S. E. 94), it was held that “only a court having jurisdiction in the county where the vehicle is seized has jurisdiction of 'the condemnation proceedings,” and that such jurisdiction must be affirmatively, made to appear. As the evidence affirmatively shows that the trial court was without jurisdiction, the judgment of condemnation must be reversed.

Judgment reversed.

Stephens and Bell, JJ., concur.

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Bluebook (online)

117 S.E. 764, 30 Ga. App. 316, 1923 Ga. App. LEXIS 427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnoff-v-state-gactapp-1923.

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