Samuels v. McCurdy,
Annotate this Case
267 U.S. 188 (1925)
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U.S. Supreme Court
Samuels v. McCurdy, 267 U.S. 188 (1925)
Samuels v. McCurdy
Argued January 22, 1925
Decided March 2, 1925
267 U.S. 188
1. A state law (Georgia L.1917, Ex.Sess.) making it unlawful for a person to possess intoxicating liquors which, previously to its enactment, he had lawfully acquired for consumption as a beverage in his home, and subjecting them to seizure and destruction, is not an ex post facto law. P. 267 U. S. 193.
2. The seizure and destruction, without compensation, of such liquors, pursuant to the state prohibition laws does not deprive such possessor of property without due process of law. P. 267 U. S. 194.
3. When a state law denied property rights in intoxicating liquors, and made their possession unlawful except for medicinal and other specified uses under special permit, and provided for seizure under search warrant, and for destruction by an order of court to be made without first hearing the person from whom they were taken, held that the denial of such hearing did not render the law invalid under the due process clause of the Fourteenth Amendment, as applied to one who did not claim to be within the statutory exceptions and whose contention that the law violated his constitutional property rights in liquors seized under it was heard in a suit brought by himself to enjoin their destruction and regain possession. P. 267 U. S. 199
157 Ga. 488 affirmed.
Error to a judgment of the Supreme Court of Georgia which affirmed a judgment dismissing a suit brought by the plaintiff in error to enjoin the defendant in error, a sheriff, from destroying intoxicating liquors pursuant to an order of court, and for specific recovery of the liquors.