Leach v. Cook

Decision Date26 May 1947
Docket Number4-8223
Citation202 S.W.2d 359,211 Ark. 763
PartiesLeach v. Cook, Commissioner of Revenues
CourtArkansas Supreme Court

Appeal from Pulaski Circuit Court, Second Division; S. Hubert Mayes Special Judge.

Affirmed.

Ohmer C. Burnside, Carneal Warfield and Ben Wilkes, for appellant.

Bruce T. Bullion, for appellee.

OPINION

Griffin Smith, Chief Justice.

Liquor in transit from Louisiana to Mississippi was taken from two motor trucks in Chicot County by agents of the State Revenue Department. Its value is said to be in excess of thirteen thousand dollars. When the contraband was brought to Little Rock it was placed in storage. The Commissioner instituted an action in Pulaski Circuit Court to procure an order of confiscation, and Leach intervened. The sole question is whether venue was in Chicot or Pulaski County.

It was stipulated that the transporters were apprehended with two trucks between Lake Village and Eudora. The vehicles were being driven by W. A. Lunceford and Jake Turnbull. Lunceford and Leach were joint owners of the shipment. It is conceded that the transaction was unlawful and that Act 357 of 1941 was not in any respect observed. It is unnecessary therefore, to enumerate the several concurring acts or omissions that rendered the transaction illegal. Drivers of the trucks were arrested for trial under Act 219 of 1943.

We agree with the intervener as appellant that Turnbull and Lunceford cannot be tried in Pulaski County on the misdemeanor charge. Venue would lie in any County through which they passed or into which they entered with the liquor. Act 357 subjects to confiscation intoxicants such as those here involved, but before an owner's rights can be divested there must be proper order of a court of competent jurisdiction. The proceeding is in rem and the Court's action is independent of criminal charge, made so by the statute. But it is contended by appellant that the liquor was wrongfully taken from Chicot County, hence an action against it in Pulaski County cannot be maintained.

The applicable Act of 1941 has not been construed and the controversy presents an issue of first impression. Since condemnation must be by a court of competent jurisdiction, answer to appellant's challenge of the judgment must rest upon a determination that the statutory language is susceptible of but one meaning; or, if ambiguous, the intent may be deduced from the sentence when read in connection with the purpose sought to be attained.

Section three of the Act is a mandate that confiscated liquors be turned over to the Commissioner of Revenues. [1] The Commissioner's duties are state-wide, and his action in detaining Lunceford and Turnbull and holding the consignment was not an abuse of power. It is reasonable to believe that if the General Assembly had intended to restrict venue to the County where the liquor was taken, it would have said so. As to condemnation Circuit Court has general jurisdiction. Whether Pulaski Circuit was a court of "competent" jurisdiction as contemplated by the Legislature when Act 357 was passed depends upon venue. The term is defined...

To continue reading

Request your trial
2 cases
  • Morgan v. Cook
    • United States
    • Arkansas Supreme Court
    • May 26, 1947
  • Morley v. Fifty Cases of Whiskey
    • United States
    • Arkansas Supreme Court
    • January 30, 1950
    ...Ark. 94, 66 S.W. 345; Kirkland v. State, 72 Ark. 171, 78 S.W. 770, 65 L.R.A. 76, 105 Am.St.Rep. 25, 2 Ann.Cas. 342; Leach v. Cook, Com. of Rev., 211 Ark. 763, 202 S.W.2d 359. It was further decided in the Leach case that although the liquor there involved was seized in Chicot County, the Co......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT