Page:North Dakota Reports (vol. 48).pdf/374

 model K— 9, engine No. 664158, car No. 676857; that said defendants entered a plea of guilty to said information, and that sentence and judgment of conviction was thereupon pronounced by the court whereby the said two defendants were then and there each sentenced to serve a term of go days in the county jail of Ramsey county and to pay a fine of $200 and the costs of prosecution taxed at $6.75; that said alleged crime was committed on the 22d day of March, 1921, during a jury term of such said district court, and that said automobile was on the same day taken from the possession of the said defendants in said criminal action by the sheriff of said county, and has ever since been, and is now, in his possession; that said possession has been so retained “under and pursuant to the instructions of the state’s attorney of said Ramsey county to enforce the right of the state for the forfeiture and sale thereof, pursuant to the provisions and authority of that certain act of the Legislature at the regular 1921 session thereof.” The plaintiff prays judgment for a forfeiture and sale of said automobile, pursuant to the statute, and for such other and further relief as may seem proper in the premises.

This action was instituted on the 8th day of April, 1921. It appears that on April 2, 1921, Flynn, Traynor & Traynor instituted an action in a justice court in Ramsey county against Grace Benson, C. E. Story, and Leslie Anderson, as defendants, to recover the sum of $75. On the same day an affidavit for attachment, accompanied by a proper undertaking, was filed, and the justice of the peace before whom the action was pending issued a writ of attachment. The papers in said action in justice court were delivered ’to the sheriff of said county for service, and the sheriff served the papers upon the three defendants named therein and. also levied upon the Buick car, which is involved in this controversy. Such proceedings were had in the justice court that on the 16th day of April, 1921, a judgment was rendered in favor of the plaintiff in said action and against the three defendants in the total sum of $94.80. On the 27th day of April, 1921, an execution was issued upon said judgment and delivered to the sheriff of said county for service. The sheriff, pursuant to the directions of said execution, caused notice of sale to be given wherein’ he advertised that he would sell said automobile, on the 7th day of May, 1921, at the place provided by law, to satisfy the judgment. The state’s attorney of Ramsey county thereupon, on May 4, 1921, moved the court for an order enjoining and restraining the said execution sale set for May 7, 1921. The motion was based upon an affidavit of said state’s at-