Traffic Truck Sales Co. v. Justice's Court

The parties- are here on an order to show cause why a writ of prohibition should not be granted restraining the respondents from selling an automobile alleged to have been illegally used in transporting intoxicating liquor. The petitioner, Traffic Truck Sales Co. of California, on or about the first day of March, 1923, delivered to Joseph Mussio an automobile truck under the terms of a conditional sales agreement, wherein and whereby title to the truck was reserved in the vendor until it should be fully paid for. The sales company assigned the contract to It. A. Crandall Company, the other petitioner, as security for payment of the notes given in consideration for the truck.

Mussio placed the automobile truck in the custody of John Anselmino, who was apprehended on April 6, 1923, in the county of Tehama, by the constable of Coming Township, while using it in the unlawful transportation of intoxicating liquor. At the time of his arrest Anselmino was personally in' charge of the truck and the liquor, both of which were seized by the arresting officer. A complaint was filed in the justice’s court of Red Bluff Township, charging him with possessing and with transporting intoxicating…