Summary
In People v. Williams (1961), 363 Mich. 281, seized personal property and cash were claimed by third parties after the information in the case had been quashed.
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Docket No. 68, Calendar No. 48,596.
Decided June 28, 1961.
Appeal from Berrien; Hadsell (Philip A.), J. Submitted April 13, 1961. (Docket No. 68, Calendar No. 48,596.) Decided June 28, 1961.
In the criminal action against Kernit Williams, James Kapp, and others for violation of the gaming laws, evidence seized in raid suppressed and information quashed.
Petition, filed in criminal case, on behalf of Sportsman's Club, Samuel Kapson, and others, strangers to the criminal action, asserting ownership and seeking order against county treasurer and present sheriff and against Erwin H. Kubath, former sheriff, for return of money and property seized in gambling raid. Petition dismissed on motion. Petitioners appeal. Affirmed.
Paul L. Adams, Attorney General, Samuel J. Torina, Solicitor General, Robert Weinbaum, Assistant Attorney General, and Ronald H. Lange, Prosecuting Attorney, for the people.
Killian Spelman ( Paul A. Taglia, of counsel), for former sheriff Kubath.
Gore Williams, for petitioners.
The petition before us, filed April 20, 1959, supported by affidavit of ownership executed by one Samuel Kapson, prayed that the court order delivery to named persons, and "to the Sportsman's Club in the State of Indiana," certain moneys and personal property allegedly owned by petitioner and seized in a raid upon said club on September 3, 1951. Information filed against said defendants was quashed upon motion, June 12, 1953, upon grounds of venue and jurisdiction.
Motion by the people to dismiss petition herein filed based upon lack of jurisdiction over the subject matter, lack of proper party in interest, neither affiant nor petitioner being party to criminal action in which petition is filed, running of statute of limitations, adequacy of remedy "on the civil side of the court," and other grounds. Petitioner relied upon People v. Krol, 304 Mich. 623. Circuit court dismissed for lack of jurisdiction.
See CLS 1956, § 767.24 (Stat Ann 1954 Rev § 28.964).
Affirmed, without opinion as to civil remedy, if any, upon the facts presented.
DETHMERS, C.J., and CARR, KELLY, SMITH, BLACK, EDWARDS, KAVANAGH, and SOURIS, JJ., concurred.