Legal Opinion

Hasbrouck v. Weaver

New York Supreme Court

Decided May 15, 1813PublishedCited by 8 opinions

, IN ERROR, on certiorari, from a justice’s court. Weaver sued Hasbrouck, by summons, “ to answer to the complaint of W., in behalf of himself and of the people, &c. in a plea of debt to his damage of 25 dolíais.” W. declared, “ as well for himself as the people, &c. against H. that he render to the plaintiff 25 dollars, which from him he unjustly detains,” for that in violation of the statute, &c. at the town of M. the defendant sold liquors without any license, &c.

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, IN ERROR, on certiorari, from a justice’s court. Weaver sued Hasbrouck, by summons, “ to answer to the complaint of W., in behalf of himself and of the people, &c. in a plea of debt to his damage of 25 dolíais.” W. declared, “ as well for himself as the people, &c. against H. that he render to the plaintiff 25 dollars, which from him he unjustly detains,” for that in violation of the statute, &c. at the town of M. the defendant sold liquors without any license, &c. (Sess. 24. c. 146. s. ?.) The defendant pleaded the general issue, and the statute of limitations. Objections were made by the…

1Per curiam

The 16th section of the act on which this suit was brought, authorizes any person to sue for the penaltyanddedares that one moiety, when recovered, shall be paid to the overseers of (he poor of the town in which the offence shall happen, &c.

The summons stated that the defendant was to answer to the 'complaint of the plaintiff, in behalf of himself and the people; but it added also, “ in a plea of debt to his damage, 25 dollarsand the declaration, though it stated, preliminarily, that the plaintiff complained as well for himself as the people, yet it was of a plea, that the defendant render to…

2Cited by8 opinions

  1. Abbott v. AbbottSupreme Judicial Court of Maine · 1877
  2. McQueen v. FulghamTexas Supreme Court · 1864
  3. Smith v. Village of AdrianMichigan Supreme Court · 1850
  4. Gill v. StateWest Virginia Supreme Court · 1894
  5. Board of Commissioners of Excise v. DoughertyNew York Supreme Court · 1869

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