BEN ALI v. TOWE


30 N.J. Super. 19 (1954)

103 A.2d 158

MARITA BEN ALI, ERNESTINE HENRIQUES AND VERTITIA GREENE, PLAINTIFFS-APPELLANTS, v. HARRY L. TOWE, DEPUTY ATTORNEY GENERAL OF NEW JERSEY AND ACTING PROSECUTOR OF BERGEN COUNTY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 26, 1954.


Attorney(s) appearing for the Case

Mr. B. Franklyn Boggia argued the cause for plaintiffs-appellants (Mr. Joseph H. Gaudielle, attorney).

Mr. Paul T. Huckin argued the cause for defendant-respondent.

Before Judges CLAPP, GOLDMANN and EWART.


The opinion of the court was delivered by CLAPP, S.J.A.D.

This appeal turns upon the question whether, by force of the statute, N.J.S.A. 24:18-38.1 to 24:18-38.3, the owners of a Cadillac automobile had forfeited their rights thereto.

Hence Green, while driving the car, was arrested for having in his clothes 30 packages of cocaine in violation of N.J.S.A. 24:18-4, a high misdemeanor (N.J.S.A. 24:18-47). The car was seized and delivered...

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