50 Ga. App. 322 | Ga. Ct. App. | 1935
1. The courts will not sustain actions for the recovery of property the possession of which is illegal. Howell v. Mathieson, 146 Ga. 838 (92 S. E. 520); Robertson v. Porter, 1 Ga. App. 223, 228, 229 (57 S. E. 993).
2. Beer, “whether alcoholic or not or whether intoxicating or not,” being one of the “prohibited liquors and beverages” defined in section 1 of the State prohibition act of 1915 (Ga. L. Ex. Sess. 1915, pp. 77, 79; Michie’s Code, § 448(2)), and “no property rights of any kind” existing under section 20 of that act (Michie’s Code, § 448(21)) “in said prohibited liquors and beverages, or in the vessels kept or used for the purpose of violating any provision of this act or any law for the promotion of temperance or for the suppression of the evils of intemperance, nor in any such liquors when received, possessed, or stored at any forbidden place or anywhere in a quantity forbidden by law,” and section 1 of the amendatory act of 1917 (Ga. L. Ex. Sess. 1917, pp. 7, 8; Michie’s Code, § 448(36)) making it unlawful for any one to “receive” from another, “or to have, control, or possess, in this State, any of said enumerated liquors or beverages, whether intended for personal use or otherwise, save as is hereinafter excepted,” the possession of beer not being so excepted—an action in trover concerning the possession in this State of beer and bottles for holding the same can not be maintained. The court therefore properly sustained the general demurrer to such a petition.
The holding in Fears v. State, 102 Ga. 274 (29 S. E. 463), that a right of property in spirituous and malt liquors exists, was made
Judgment affirmed.