STURM MOTOR CAR CO. v. STATE.

STURM MOTOR CAR CO. v. STATE.
1920 OK 337
192 P. 434
79 Okla. 287
Case Number: 10440
Decided: 10/19/1920
Supreme Court of Oklahoma

STURM MOTOR CAR CO.
v.
STATE.

¶0 Error from County Court, Tulsa County; W. B. Williams, Judge.

Proceeding by the state to forfeit an automobile used in transporting intoxicating liquors, the Sturm Motor Co. intervening. A judgment of forfeiture was rendered, and intervener brings error. Reversed.

Carroll, Mason & Honnold, for plaintiff in error.
S. P. Freeling, Atty. Gen., and W. C. Hall, Asst. Atty. Gen., for defendant in error.

PER CURIUM.

¶1 In this case the Attorney General has filed the following confession of error:

"It clearly appears that the intervener in the court below, the Sturm Motor Car Company, and the plaintiff in error in this court, held a bona fide chattel mortgage on the vehicle forfeited to the state, and was without knowledge or notice that it was being used for unlawful purpose. Therefore, under the rule laid down in the case of One Buick Car v. State of Oklahoma, 77 Okla. 233, 188 P. 108, and the authorities therein cited, it was error for the court below to disregard the plea of intervention, and the judgment as to the said intervener will necessarily have to be reversed."

¶2 The cause is therefore reversed.