Clark v. Adams
Mississippi Supreme Court
From the circuit ‘court of Madison county. Hon. Robert Powell, Judge. This suit, for the use of the state and Madison county, was instituted by the state revenue agent, by attachment, under § 1590 of the code of 1892, against the appellant, to recover of him the statutory penalty for unlawfully selling liquor.
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From the circuit ‘court of Madison county. Hon. Robert Powell, Judge. This suit, for the use of the state and Madison county, was instituted by the state revenue agent, by attachment, under § 1590 of the code of 1892, against the appellant, to recover of him the statutory penalty for unlawfully selling liquor. Section 1590 is as follows: “Any person who shall sell or give away liquors unlawfully, or allow the same to be sold or given away at his place of business, for any purpose whatever, shall be subject to pay the state, county, and city, town, or village where the offense is committed,…
1Opinion of the CourtCalhoon, J.
There was error in admitting evidence of the TJnited States, internal revenue license without notice to produce, it being-shown to have been surrendered to Clark. The general rule forbidding parol evidence of the contents of a written instrument is not varied by ch. 104, acts 1900, and any testimony of the fact of the possession of such a document necessarily involves the contents of the paper and the time it covered in. *227reference to the date of its issuance and expiration. In this record the court allowed testimony of these facts. But the case was rightly decided notwithstanding any errors…
2Cases cited4 opinions
- Thibodeaux v. StateMississippi Supreme Court · 1892
- McBride v. State Revenue AgentMississippi Supreme Court · 1893
- State ex rel. Revenue Agent v. ThibodeauxMississippi Supreme Court · 1891
- Adams v. W. H. Johnson & Co.Mississippi Supreme Court · 1895
3Cited by2 opinions
- Cook v. StateMississippi Supreme Court · 1902
- Adams v. SigmanMississippi Supreme Court · 1906