Oakland Automobile v. State

Decision Date15 January 1920
Docket Number6 Div. 972
PartiesOAKLAND AUTOMOBILE v. STATE ex rel. TATE, Solicitor. Appeal of BELL.
CourtAlabama Supreme Court

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

Proceeding by the State of Alabama, on the relation of Joseph R. Tate, Solicitor, to forfeit one Oakland automobile, in which Lola Bell appeared as claimant. From judgment for relator, claimant appeals. Affirmed.

J.B. Aird, of Birmingham, for appellant.

J.Q. Smith, Atty. Gen., for appellee.


If the testimony of the claimant were taken as true, it would show that she was the actual owner of the automobile in question at the time of its illegal use for the carriage of contraband liquors by her husband, and that she was free from the fault of participation therein or of negligence with respect to its prevention.

The circumstances, however, including her intimate social and business relations with her husband, and the notoriety of his repeated offenses against the prohibition laws, are sufficient to generate a strong inference that she must have known or suspected that he was using this car in aid of his unlawful enterprises, thereby imposing upon her the duty of inquiry and prevention.

The printed record of her testimony on cross-examination shows an evasiveness and want of candor which may well have justified the trial judge in refusing to give credit to her claims. It is evident that he did not believe her testimony, and as he heard her testify, and observed her demeanor and judged her sincerity, we cannot, upon the showings of the record, declare his conclusion erroneous.

Let the judgment be affirmed.


ANDERSON, C.J., and McCLELLAN and THOMAS, JJ., concur.

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6 cases
  • Warren v. Giudici, 30117.
    • United States
    • Missouri Supreme Court
    • May 27, 1932
    ...119 Mo. App. 358; Irwin v. McDougal, 274 S.W. 923; State ex rel. v. Haid, 25 S.W. (2d) 92; Birmingham Railroad, etc., v. Barranco (Ala.), 84 So. 839; Barrett v. Railroad, 81 Iowa, 642, 162 N.W. 43; Opp v. Pryor, 294 Ill. 246, 128 N.E. 580; Pienta v. Railroad, 284 Ill. 246, 120 N.E. 1; Bromm......
  • Birmingham Ry., Light & Power Co. v. Barranco
    • United States
    • Alabama Supreme Court
    • January 15, 1920
    ... ... damages in this: That while riding as a passenger in an ... automobile which was approaching a street intersection in a ... populous part of the city of Birmingham at a ... Plea 9 ... proceeds upon a theory consistent with the principles we ... state ante in defining, generally, the bases for the ... imputation of contributory negligence to a ... ...
  • Morris v. Southern Realty & Construction Co.
    • United States
    • Alabama Supreme Court
    • January 15, 1920
  • Bearden v. State
    • United States
    • Alabama Supreme Court
    • April 17, 1924
    ... ... Perry, Deputy Solicitor of Jefferson Circuit Court, to ... condemn as contraband and have forfeited a five-passenger ... Ford automobile, seized while being used in the illegal ... transportation of prohibited liquors. From a decree of ... condemnation, R. L. Bearden, as claimant of ... of being violators of the prohibition laws. State v ... Crosswhite, supra; Oakland Automobile Co. v. State, ... 203 Ala. 600, 84 So. 839; State v. Leveson, 207 Ala ... 638, 93 So. 608 ... The ... claimant was not ... ...
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