
    STATE ex rel. GOODWIN, Respondent, v. DISHMON et al., Appellants.
    (No. 4,498.)
    (Submitted September 26, 1921.
    Decided October 10, 1921.)
    [201 Pac. 286.]
    (For syllabus, see State ex rel. Green v. Wright, ante, p. 113.)
    
      Appeals from District Court of Missoula County; R. Lee McCulloch, Judge.
    
    Proceeding instituted by the State on the relation of Leonard Goodwin under the Prohibition Enforcement Act. Judgment for plaintiff. Claimants and defendants Ora Dishmon and another appeal from the judgment and from an order denying them a new trial.
    Appeal from order dismissed, and judgment reversed.
    
      Mr. Harry H. Parsons, for Appellants, submitted a brief and argued the cause orally.
    
      Mr. Wellington D. Rankin, Attorney General, and Mr. L. A.. Foot, Assistant Attorney General, submitted a brief; Mr. Foot argued the cause orally.
   Opinion:

PEB CUBIAM.

This case is a search-warrant proceeding, instituted in the district court of Missoula county under the provisions of the Prohibition Enforcement Act (Laws 1917, Chap. 143).' It came before this court on appeal by defendants and claimants from the final judgment rendered by the court, after a hearing upon the return by the sheriff of the warrant declaring forfeited a quantity of whiskey seized thereunder and ordering it destroyed, and an attempted appeal from an order denying a motion for a new trial.

The appeal from the order denying the motion is dismissed, for the reason that a motion for a new trial in such proceeding is not authorized. The appeal from the judgment presents the same question as that presented in the cases of State ex rel. Samlin v. District Court of Custer County et al., 59 Mont. 600, 198 Pac. 362, and State ex rel. Hogue v. O’Brien, 60 Mont. 178, 198 Pac. 1117. Upon the authority of these cases, the judgment is reversed, and the district court is directed to dismiss the proceeding, and order the sheriff to return the whiskey and articles seized to the defendants and claimants.

Reversed.  