Legal Opinion

Day v. State

Court of Appeals of Maryland

Decided December 15, 1848PublishedCited by 5 opinions

Appeal from the Equity Side* of Baltimore county court. This was a bill of discovery under the act of 1847,. ch. 284, sec. 2, by the State, upon the suggestion of the commissioners of lotteries, against the appellant, filed on the 10th of April 1848, alleging, that the State, at the instance of the said lottery commissioners, had,, under the act of 1846, ch. 109, instituted before a justice of the peace, for the city of Baltimore, six separate actions of debt against the…

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Appeal from the Equity Side* of Baltimore county court. This was a bill of discovery under the act of 1847,. ch. 284, sec. 2, by the State, upon the suggestion of the commissioners of lotteries, against the appellant, filed on the 10th of April 1848, alleging, that the State, at the instance of the said lottery commissioners, had,, under the act of 1846, ch. 109, instituted before a justice of the peace, for the city of Baltimore, six separate actions of debt against the appellant, to recover the fines imposed by said act, for the violation of the third section thereof, and that said actions…

1Opinion of the CourtDorsey, C. J.

By the first section of the act of 1846, ch. 109, it is enacted “that the dealing in foreign lottery tickets is absolutely pro*324hibited in this State; and any sale or other disposition of, or offer to sell, or otherwise to dispose of, any such tickets or parts of such tickets, or any substitute therefor, directly or indirectly, shall be punishable by a fine of fifty dollars for each offence, to be recovered before any justice of the peace, by action of debt, in the name of the State, instituted against the offending party, on the suggestion of the commissioners of lotteries.” And the third…

2Cited by5 opinions

  1. Solvuca v. Ryan & Reilly Co.Court of Appeals of Maryland · 1917
  2. Robb v. StateCourt of Appeals of Maryland · 1948
  3. Anthony Plumbing of Maryland, Inc. v. Attorney GeneralCourt of Appeals of Maryland · 1983
  4. Dill v. StateCourt of Special Appeals of Maryland · 1975
  5. Broadbent v. StateCourt of Appeals of Maryland · 1855

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