Hall v. McKechnie
New York Supreme Court
THIS was an appeal by the defendants from a judgment of the Ontario county court. The action was commenced before a justice of the peace.
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THIS was an appeal by the defendants from a judgment of the Ontario county court. The action was commenced before a justice of the peace. The complaint was as follows: “ Plaintiffs in this action complain of the defendants for this; that the defendants at the commencement of this action were indebted and still are indebted in the sum of twenty-five dollars to the plaintiffs, as overseers of the poor of the town of Canandaigua, whereby an action hath accrued to the said plaintiffs as such overseers, according to the statute entitled of excise, and the regulation of taverns and groceries,…
1Opinion of the Court
By the Court, T. R. Strong, J.
The complaint purports to contain-four several counts, or to state four distinct causes of action, separately. In the first count it is averred that the defendants are indebted to the plaintiffs as overseers of the poor in twenty-five dollars, whereby an action has accrued to them as such overseers, according to the statute, specifying the title and two of the sections, which sections impose a penalty of twenty-five dollars for selling strong or spirituous liquors or wines, in *247small quantities without a license, to be recovered by an action in the name of the…
2Cases cited1 opinion
- Ingersoll v. SkinnerCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by9 opinions
- Kean v. MitchellMichigan Supreme Court · 1865
- Avery v. LeachNew York Supreme Court · 1876
- Denham v. StillwellThe Superior Court of New York City · 1864
- Hicenbothem v. LowenbeinThe Superior Court of New York City · 1867
- People v. KozakAppellate Division of the Supreme Court of the State of New York · 1913
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