Opinion
7 Div. 250.
April 13, 1922.
Appeal from Circuit Court, Calhoun County; A. P. Agee, Judge.
Knox, Acker, Sterne Liles, of Anniston, and Tillman, Bradley Baldwin, of Birmingham, for appellant.
The owner could not, by reasonable diligence, have prevented the illegal use of the vehicle, and hence it is not subject to condemnation. 203 Ala. 506, 84 So. 297.
Harwell G. Davis, Atty. Gen., and H. D. Logan, of Anniston, for the State.
The order of condemnation was proper. 205 Ala. 492, 88 So. 440. The court heard the witnesses, and its judgment will not be disturbed. 203 Ala. 686, 85 So. 28; 205 Ala. 337, 87 So. 592.
The evidence in this case was heard by the trial court ore tenus, and its finding on the facts must be given the force and effect of a verdict. State v. Merrill, 203 Ala. 686, 85 So. 28.
We cannot say that the evidence did not reasonably authorize a finding that defendant, by reason of the notice given to its resident and managing agent of the fact that its trucks were being used by their drivers for the illegal transportation of liquors, was guilty of a want of due and reasonable diligence in the investigation and prevention of such violations of the law. Davenport v. State, 205 Ala. 429, 88 So. 557.
Upon these considerations, the judgment of condemnation must be affirmed.
Affirmed.
ANDERSON, C. J., and McCLELLAN and THOMAS, JJ., concur.