Opinion
September 30, 1940.
October 9, 1940.
Commonwealth v. One Studebaker Sedan, 140 Pa. Super. 197, held controlling.
Appeal, No. 159, Oct. T., 1940, from order of Q.S. Phila. Co., Jan. T. 1940, No. 8, in case of Commonwealth v. One Dodge Coupe, Engine No. D2138241, Manufacturer's No. 4151221, in possession of Percy Rickman, reputed owner.
Before KELLER, P.J., CUNNINGHAM, BALDRIGE, STADTFELD, PARKER, RHODES and HIRT, JJ. Order reversed.
Petition to have motor vehicle adjudged forfeited. Before LEWIS, J.
The facts are stated in the opinion of the Superior Court.
Order entered granting petition as to the interest of the registered owner, but refusing petition as to the interest of the bailor finance company. Commonwealth appealed.
Error assigned was the order of the court below.
Thomas I. Guerin, with him Claude T. Reno, Attorney General, for appellant.
Edward T. Maguire, for appellee, filed no brief and did not appear at time of argument.
Argued September 30, 1940.
The order of the court below must be reversed on the authority of Commonwealth v. One Studebaker Sedan, 140 Pa. Super. 197, 14 A.2d 198. The cases do not differ materially in their facts.
The order is reversed and the record is remitted to the court below with directions to enter an order that the automobile in question be forfeited and condemned and delivered to the Liquor Control Board to be disposed of according to law.