Legal Opinion

State v. Marshall

Mississippi Supreme Court

Decided October 15, 1911PublishedCited by 27 opinions

Appeal from the chancery court of Warren county. Hon. E. N. Thomas, Chancellor. Suit by the state, on the relation of the attorney-general against Marion Marshall, with an attachment and séizure of intoxicating liquors in defendant’s place of business, seeking to have defendant’s illegal sale -of liquor suppressed as a nuisance, and for an injunction against the further conduct of the business and for a decree for penalties.

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Appeal from the chancery court of Warren county. Hon. E. N. Thomas, Chancellor. Suit by the state, on the relation of the attorney-general against Marion Marshall, with an attachment and séizure of intoxicating liquors in defendant’s place of business, seeking to have defendant’s illegal sale -of liquor suppressed as a nuisance, and for an injunction against the further conduct of the business and for a decree for penalties. On demurrer the attachment was dismissed and the property levied on released and the temporary injunction was modified. Both the state and the defendant appeal. The…

1Opinion of the CourtMayes, C. J.

By an act of the legislature of 1910 it was provided:

“That any person who shall sell or give away any vinous or spirituous liquors unlawfully, or who shall allow the same to be sold or given away at his place of business, for any purpose whatever, shall be subject to pay to the state, county, city, town or village, where the offense is committed, each, the sum of five hundred dollars ; and the state, county, city, town or village, or any taxpayer of the state, county, city, town or village in the name thereof, of the state revenue agent, or any sheriff within the county acting for them, may…

2Cases cited18 opinions

  1. Clark v. BarnardSupreme Court of the United States · 1883
  2. Ex Parte AllisonTexas Supreme Court · 1906
  3. Columbian Athletic Club v. State ex rel. McMahanIndiana Supreme Court · 1895
  4. State ex rel. Vance v. CrawfordSupreme Court of Kansas · 1882
  5. Ex Parte RoperCourt of Criminal Appeals of Texas · 1910

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

3Cited by27 opinions

  1. Pompano Horse Club, Inc. v. State Ex Rel. BryanSupreme Court of Florida · 1927
  2. State ex rel. Wilcox v. RyderSupreme Court of Minnesota · 1914
  3. Tillotson v. AndersMississippi Supreme Court · 1989
  4. State Ex Rel. Stewart v. District CourtMontana Supreme Court · 1926
  5. King v. CommonwealthCourt of Appeals of Kentucky · 1922

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

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