Tennessee § 57-9-111 - Claimants of liquor — Petition.

§ 57-9-111. Claimants of liquor — Petition.

All persons claiming any interest in intoxicating liquors seized in accordance with this part shall do so by petition, which petition shall be filed in the circuit or criminal court of the county in which such liquors were seized, within ten (10) days after the filing of the statement showing the seizure thereof required in § 57-9-104 ; provided, however, that persons for whom advertisement is made by notice as herein required may file such petition within the time set out in such notice. It shall be the duty of the sheriff to ascertain what notices have been posted by the clerk in accordance with this part and make return thereof to the court as hereinbefore provided. Acts 1919, ch. 50, § 8; Shan. Supp., § 6798a19b8; Code 1932, § 11231; T.C.A. (orig. ed.), § 57-612. Textbooks. Tennessee Jurisprudence, 16 Tenn. Juris., Intoxicating Liquors, § 28. Law Reviews. Constitutional Law — Right to Trial by Jury in a Summary Proceeding, 14 Tenn. L. Rev. 363. NOTES TO DECISIONS 1. Effect of Other Statutes. 2. Time of Filing Petition. 3. Repossession of Beer. 1. Effect of Other Statutes. Ch. 5, part 1 of this title, regulating storage and possession of beer, did not repeal this section outlining procedure for recovery of seized beer by owners. Young v. Chumley, 189 Tenn. 322, 225 S.W.2d 77, 1949 Tenn. LEXIS 432 (1949). 2. Time of Filing Petition. Proceeding by plaintiff to recover possession of whiskey filed after the plaintiff's acquittal on charge of unlawful possession of intoxicating liquor and more than six months after seizure of liquor was not timely. Nichols v. State, 181 Tenn. 425, 181 S.W.2d 368, 1944 Tenn. LEXIS 387 (1944). 3. Repossession of Beer. This section provided the only remedy available for the repossession of beer seized from one who was charged with the possession of beer for illegal sale. Young v. Chumley, 189 Tenn. 322, 225 S.W.2d 77, 1949 Tenn. LEXIS 432 (1949). Justice of peace did not have jurisdiction of proceeding to recover beer seized by sheriff. Young v. Chumley, 189 Tenn. 322, 225 S.W.2d 77, 1949 Tenn. LEXIS 432 (1949).