Legal Opinion

State v. Higgins

Supreme Court of Vermont

Decided October 15, 1880PublishedCited by 11 opinions

This cause was heard at the June Term, 1880, Caledonia County, Ross, J., presiding. It was a complaint before a justice of the peace for an alleged violation of the statute in procuring and transporting intoxicating iquors. The defendant demurred to the complaint. The court, proforma, adjudged the complaint sufficient. The defendant excepted to the ruling of the court. The court ordered the exceptions to the Supreme Court for hearing, before taking further proceedings.

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This cause was heard at the June Term, 1880, Caledonia County, Ross, J., presiding. It was a complaint before a justice of the peace for an alleged violation of the statute in procuring and transporting intoxicating iquors. The defendant demurred to the complaint. The court, proforma, adjudged the complaint sufficient. The defendant excepted to the ruling of the court. The court ordered the exceptions to the Supreme Court for hearing, before taking further proceedings. Exceptions allowed. COMPLAINT. State of Vermont, Caledonia County, ss. To Walter P. Smith, Esq., one of the justices of the…

1Opinion of the Court

The opinion of the court was delivered by

Veazey, J.

The case stands on general demurrer to the complaint, which contains three counts. The complaint was framed under the act of 1874, No. 25. The first clause of the act is as follows: “ Any person within the State of Vermont, who shall act as the agent of any other person or persons, firm or firms, for the sale of spirituous or intoxicating liquors,” “or,” and then follow several alternative provisions. They all point to an agency. The first count charges the doing of three of these alternatives. Counsel for the respondent insists that this…

2Cases cited10 opinions

  1. State v. MungerSupreme Court of Vermont · 1843
  2. Francois v. StateSupreme Court of Alabama · 1852
  3. State v. CookSupreme Court of Vermont · 1866
  4. State v. MatthewsSupreme Court of Vermont · 1870
  5. State v. DaleySupreme Court of Vermont · 1869

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

3Cited by11 opinions

  1. State v. CioccaSupreme Court of Vermont · 1965
  2. State v. HodgsonSupreme Court of Vermont · 1893
  3. State v. PerkinsSupreme Court of Vermont · 1914
  4. State v. FiskeSupreme Court of Vermont · 1894
  5. State v. HanlonSupreme Court of Vermont · 1890

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

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