Modern Loan Co. v. Police Court

This is an appeal from a judgment of the superior court making permanent a writ of prohibition.

In August, 1908, one Bessie Seaman, presented to Honorable E. P. Shortall, judge of the police court of the city and county of San Francisco, an affidavit, properly subscribed and sworn to by her, in which she averred that in February 1908, one E. R. Burke had willfully, unlawfully and feloniously taken and carried away a certain diamond breast-pin of the value of $250, the property of said Bessie Seaman, and that there was probable and reasonable cause to believe that said breast-pin was concealed at the place of business of the Modem Loan Company, the above-named respondent, in San Francisco. Upon said affidavit the police judge issued a search-warrant, pursuant to which the said breast-pin was taken from the possession of the respondent. Thereafter, it appearing that said police judge was about to proceed and determine the ownership of said pin, the respondent, claiming a lien upon the same, and asserting that he was entitled as such lienholder to possession thereof, instituted these proceedings in the superior court for a writ of prohibition. That court held that the provisions of…