Parsons v. Bridgham
Supreme Judicial Court of Maine
On Exceptions from the District Court, Emery, J. Debt, for that the defendant on the 30th day of December, 1849, sold a quantity of spirituous and intoxicating liquor to John Morrell, viz : — one glass of rum; viz : — one glass of gin, not having been licensed, &c. The defendant urged in defence that the Act, upon which the suit was brought, was not in force, but had been repealed. The Judge however ruled otherwise.
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On Exceptions from the District Court, Emery, J. Debt, for that the defendant on the 30th day of December, 1849, sold a quantity of spirituous and intoxicating liquor to John Morrell, viz : — one glass of rum; viz : — one glass of gin, not having been licensed, &c. The defendant urged in defence that the Act, upon which the suit was brought, was not in force, but had been repealed. The Judge however ruled otherwise. To disprove the plaintiff’s allegation, the defendant introduced the deposition of Morrell, which contained the following interrogatories, with a negative answer to each. Did you…
1Opinion of the Court
The opinion of the Court, Shepley, C. J., Tenney, Wells, Howard and Appleton, J. J., was drawn up by
Wells, J.
The declaration in the plaintiff’s writ alleges, that the defendant sold “ a quantity of spirituous and intoxicating liquors, &c., to wit, one glass of rum, to wit, one glass of gin.” The charge is limited to the sale of rum and gin, which are spirituous liquors, the sale of which without a license is prohibited by the Act of 1846, chap. 205, which is so far in force as to authorize the prosecution of this action, as appears by the Act of 1851, chap. 211, <§> 18.
If the liquors sold had…
2Cited by1 opinion
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