Legal Opinion

Montgomery v. O'Dell

New York Supreme Court

Decided February 15, 1893PublishedCited by 1 opinion

Appeal from circuit court, Tioga county. Action by Jackson Montgomery, as sole overseer of the poor of the town of Spencer, on the relation of Seymour Seeley and another, against Marcellus E. O’Dell, to recover a number of penalties for the sale of intoxicating liquors without having a license therefor. From a judgment entered on the decision of the trial court, a jury having been waived, relators appeal.

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Appeal from circuit court, Tioga county. Action by Jackson Montgomery, as sole overseer of the poor of the town of Spencer, on the relation of Seymour Seeley and another, against Marcellus E. O’Dell, to recover a number of penalties for the sale of intoxicating liquors without having a license therefor. From a judgment entered on the decision of the trial court, a jury having been waived, relators appeal. Briefly stated, the findings of the trial court were that the plaintiff was overseer of the poor; that the relators were authorized to prosecute this action in his name; that John Q. Shepard…

1Opinion of the CourtMartin, J.

This action was brought, in the name of the overseer of the poor of the town of Spencer, to recover ofthe defendant a number of penalties for the sale of intoxicating liquors without having a license therefor. That it was properly brought in the name of the overseer is not questioned. Neither is it denied that defendant sold intoxicating liquors at the times proved and found by the court. It was conceded that at least *41410 sales were made. The defendant justified under a license which he claimed was granted to him by a majority of the commissioners of excise of the town of Spencer, where he…

2Cases cited16 opinions

  1. The People Ex Rel. Furman v. . CluteNew York Court of Appeals · 1872
  2. People Ex Rel. Sherwood v. State Board of CanvassersNew York Court of Appeals · 1891
  3. People v. AllenNew York Supreme Court · 1831
  4. People Ex Rel. Fowler v. BullNew York Court of Appeals · 1871
  5. People Ex Rel. Nichols v. Board of County CanvassersNew York Court of Appeals · 1891

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3Cited by1 opinion

  1. Noctor v. State ex rel. LinehanOhio Supreme Court · 1923

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