Sturm Motor Car Co. v. State

Supreme Court of Oklahoma
Sturm Motor Car Co. v. State, 192 P. 433 (Okla. 1920)
79 Okla. 287; 1920 OK 337; 1920 Okla. LEXIS 102
Curium

Sturm Motor Car Co. v. State

Opinion of the Court

PER CURIUM.

In this ease the Attorney General has filed the following confession of error:

β€œIt 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 Pae. 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 wfii necessarily have to be reversed.”

The cause is therefore reversed.

All the Justices concur.

Reference

Status
Published