Legal Opinion

Pilgreen v. State

Supreme Court of Alabama

Decided December 15, 1882PublishedCited by 42 opinions

Appeal from Slielby Circuit Court. Tried before lion. Samuel IT. SpRott. The facts are sufficiently stated in the opinion. (No brief came to the hands of the reporter.) The title to the liquor sold never passed out of Pilgreen until its delivery, at Columbiana, to the consignee. The expressman was the agent of defendant for the delivery of the liquor and collection of the price.

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Appeal from Slielby Circuit Court. Tried before lion. Samuel IT. SpRott. The facts are sufficiently stated in the opinion. (No brief came to the hands of the reporter.) The title to the liquor sold never passed out of Pilgreen until its delivery, at Columbiana, to the consignee. The expressman was the agent of defendant for the delivery of the liquor and collection of the price. If any damage had been done to it, or if it had been lost in the possession of the carrier, Pilgreen alone could have maintained an action for such loss or injury. — Hutchinson on Carriers, §§ 389-94.

1Opinion of the CourtBbickell, C. J.

The indictment was found, and the conviction had, under a special statute, rendering it unlawful “ to sell, give away, or otherwise dispose of any spirituous, vinous, or malt liquors, or intoxicating bitters within five miles of the Methodist, Baptist, or Presbyterian churches of Columbiana,” and in other designated localities. — Pamph. Acts, 1880-81, p. 148. The facts of the case were undisputed, and were agreed upon by the solicitor representing the State, and by the defendant and his counsel. The defendant was a licensed wholesale and retail dealer in spirituous, vinous and malt liquors,…

2Cases cited1 opinion

  1. Falls v. GaitherSupreme Court of Alabama · 1839

3Cited by42 opinions

  1. McCormick & Richardson v. Joseph & AndersonSupreme Court of Alabama · 1884
  2. Spence v. Norfolk & Western RailroadSupreme Court of Virginia · 1895
  3. Crabb v. StateSupreme Court of Georgia · 1892
  4. Bell v. StateSupreme Court of Georgia · 1898
  5. Texas & Pacific Railway Co. v. Wilson Hack LineCourt of Appeals of Texas · 1907

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