Winter v. State
Supreme Court of Alabama
From the City Court of Mobile. Tried before the Hon. Ales. McKihstry. The prisoner was indicted for keeping a restaurant, or eating-house, without a license.
Read the full summary
From the City Court of Mobile. Tried before the Hon. Ales. McKihstry. The prisoner was indicted for keeping a restaurant, or eating-house, without a license. The evidence was, in substance, that he, as a clerk of Hodge & Reel, kept an oyster-stand in one corner of a regularly licensed barroom belonging to one Woodward; that raw oysters, with crackers, pepper, salt, &c., but nothing else, were sold by retail at said stall, and there eaten by the purchasers; and that the prisoner was employed at a monthly salary by said Hodge & Reel, and had no interest whatever in the profits of the business.…
1Opinion of the CourtWalker, J.
One who, as a business, retails oysters in a house at a stall kept for the purpose, and furnishes them with the necessary accompaniments of pepper, salt, and crackers, to be eaten when purchased at the stall, must be regarded as keeping an eating-house; and it is not the less an eating-house because the oysters are purchased and eaten in the raw state. The fact that a different individual carries on the business of retailing in another part of the same room, does not prove that ho who keeps the oyster-stall does not keep an eating-house. The oyster-seller may keep an eating-house, and the…
2Cited by5 opinions
- Martin v. StateSupreme Court of Alabama · 1877
- Amos v. StateSupreme Court of Alabama · 1883
- Reese v. StateSupreme Court of Alabama · 1882
- In re WatsonDistrict Court, D. Vermont · 1882
- Wilcox v. StateSupreme Court of Alabama · 1874