State v. Foren

Citations

• 78 Kan. 654
• 97 P. 791
• 1908 Kan. LEXIS 124

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Intoxicating Liquors — Seizure—Forfeiture—•Time of Trial. In a prosecution for maintaining a common nuisance under the act prohibiting the unlawful sale of intoxicating liquors the trial to determine if the property seized by the sheriff under the warrant should be forfeited may be had at the time fixed for answer in the notice served upon the defendant, or at any other time to be fixed by the court in the exercise of judicial discretion. (Gen. Stat. 1901, §2495.)</p> <p>2. Practice, District Court — Judicial Discretion. This discretion should be exercised reasonably, in accordance with orderly judicial procedure, but where' it is not shown that the court, in making an order complained of, failed to apply the rules and analogies of the law to the facts found upon fair judicial consideration of the evidence there is no abuse of discretion justifying the reversal of the order, although a contrary ruling would not have been erroneous or unjust.</p>