Cunningham v. State

• Decision Date: 22 December 1921
• Docket Number: 6 Div. 469.
• Citation: Cunningham v. State, 207 Ala. 51, 91 So. 886 (Ala. 1921)
• Parties: CUNNINGHAM v. STATE.
• Court: Alabama Supreme Court

91 So. 886

207 Ala. 51

CUNNINGHAM v. STATE.

6 Div. 469.

Supreme Court of Alabama

December 22, 1921

Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge.

Bill by the State of Alabama, on the relation of the Solicitor of Jefferson County, to condemn a Buick automobile, because used in the transportation of prohibited liquor, with claim by Mrs. R. W. Cunningham. From a decree condemning the automobile, claimant appeals. Affirmed.

Andress & Coffman, of Birmingham, for appellant.

Harwell G. Davis, Atty. Gen., for the State.

ANDERSON C.J.

The evidence in this case was ore tenus, and the trial court saw and heard the witnesses and found, in effect, that the claimant had constructive notice that the car was being used for the illegal transportation of liquor; that is, was guilty of such negligence as was equivalent to notice. The defendant was her son, had been previously arrested for violating the prohibition law, and, notwithstanding it was claimed that he acquired the possession of the car for the purpose of making some minor repairs thereupon, this claimant permitted him to retain and use the same for at least six weeks before the seizure thereof. The trial court could have well inferred from the evidence that the claimant was guilty of negligence in permitting the use of the car by the defendant when it was seized, and its finding is like unto the verdict of a jury and we...