Allison v. Hern

Citations

• 102 Kan. 48
• 169 P. 187
• 1917 Kan. LEXIS 218

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Replevin — Taxicab Used in Maintaining Liquor Nuisance — Policeman Entitled to Possession. Under an ordinance requiring the search of a place charged to be kept for the maintenance of a nuisance and directing the seizure and destruction of all property used for such purpose, the driver of a taxicab was arrested on the charge of using such vehicle on the streets of the city of Hutchinson for the purpose of maintaining a nuisance by keeping intoxicating liquors therein for unlawful sale. The ordinance did not provide for notice and hearing before destroying such property, but the driver and the owner were nevertheless notified that a hearing would be had before the police judge to show cause why the taxicab should not be adjudged forfeited and ordered destroyed. Held, that pending such determination the vehicle was rightfully in the custody of the officers and not the subject of replevin by its owner.</p>