Greentree v. Wallace

Citations

• 77 Kan. 149
• 93 P. 598
• 1908 Kan. LEXIS 235

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Supreme -Court — Record,—Evidence. A motion to dismiss an error proceeding in this court -will not be allowed for the reason that the evidence is not brought up to show there was not an entire failure of proof of some other fact essential to appellant’s recovery below, where it appears from the record that the lower court decided the case upon a certain theory of law applied to certain specific facts found which were decisive of -its judgment.</p> <p>2. Replevin — Intoxicating Liquors — In Custodia Legis. Where intoxicating liquors and other property are seized upon a warrant issued under the provisions of section 2494 of the General Statutes of 1901, and are held by the officer who served the warrant pending a hearing under section 2495 of the General Statutes of 1901, the owner cannot maintain an action in replevin against the officer to recover the possession of such property. The property is in the custody of the law, and must there remain until final action is had upon the complaint upon which the seizure was made.</p>