Legal Opinion

City of Roswell v. Jacoby

New Mexico Supreme Court

Decided June 12, 1916No. 1808PublishedCited by 4 opinions

Aupeal from District Court, Chaves County; John T. McClure, Judge. Action by the City of Roswell against P. C. Jacoby and others. From judgment for plaintiff, defendants appeal. Bond had reference to penalty; not liquidated damages. Kelley v. Seay, (Oída.) 41 Pac. 615; Mercer County v. S'tupp Bros.

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Aupeal from District Court, Chaves County; John T. McClure, Judge. Action by the City of Roswell against P. C. Jacoby and others. From judgment for plaintiff, defendants appeal. Bond had reference to penalty; not liquidated damages. Kelley v. Seay, (Oída.) 41 Pac. 615; Mercer County v. S'tupp Bros. Bridge & Iron Co., 115 111. App. 298; State v. McConnell, (N. H.) 46 Atl. 458; Van Burén v. Digges, 52 D. S. (11 How.) 461, 477, 13 L. Ed. 771; Commonwealth v. French, 114 S. W. 255; Butler v. Butler, 40 S. E. 138, 142, 62 S. C. 165; Harbor Com’rs of Port Eureka v. Bedwood Co., 26 Pac. 375, 88 Cal.…

1Opinion of the Court

OPINION OP THE COURT.

PARKER, J.

This is an action by the city of Eoswell against Jacoby and his sureties upon a bond given by him to the city as a condition precedent to the issuance to him of a druggist’s permit to sell intoxicating liquors for medicinal purposes under the provisions of the prohibition ordinance then in force in that city, the bond being in the sum of $2,000, and conditioned that he would in good faith observe the provisions of this ordinance relating to apothecaries as such. The complaint alleged a violation of the ordinance, and the conviction of- Jacoby of violating the…

2Cases cited7 opinions

  1. People v. . BriggsNew York Court of Appeals · 1889
  2. Campbell v. City of ThomasvilleCourt of Appeals of Georgia · 1909
  3. State v. CorronSupreme Court of New Hampshire · 1905
  4. City of Paducah v. JonesCourt of Appeals of Kentucky · 1907
  5. State v. EstabrookSupreme Court of Kansas · 1883

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Mares v. KoolNew Mexico Supreme Court · 1946
  2. City of Roswell v. LeversNew Mexico Supreme Court · 1934
  3. State v. RobertsonNew Mexico Supreme Court · 1957
  4. State v. RobertsonNew Mexico Supreme Court · 1957

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