City of Carthage v. Duvall
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;- — heard in that court on appeal from the Circuit Court of Hancock county; the Hon. John A. Gray, Judge, presiding. This was an action commenced by the city of Carthage against Duvall, before a police magistrate, to recover a penalty for selling intoxicating liquor in said city contrary to an ordinance thereof.
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Appeal from the Appellate Court for the Third District;- — heard in that court on appeal from the Circuit Court of Hancock county; the Hon. John A. Gray, Judge, presiding. This was an action commenced by the city of Carthage against Duvall, before a police magistrate, to recover a penalty for selling intoxicating liquor in said city contrary to an ordinance thereof. The defendant was discharged by the police magistrate and the city perfected an appeal to the .circuit court of Hancock county, where, on a trial before the court, a jury having been waived, upon a stipulation as to the facts, a…
1Opinion of the CourtJustice Hand
It is agreed between the parties that there is but one question presented for decision in this case, viz., do the facts show a sale of intoxicating liquor in less quantities than five gallons by the defendant to Skidmore within the city of Carthage? The determination of that question depends upon whether the title to the liquor vested in Skidmore at Burlington or at Carthage. If at Burlington, the defendant is not liable, and if at Carthage, he is.
The general rule frequently announced by this court is, that the delivery of personal property by the seller to a common carrier to be conveyed to…
2Cases cited8 opinions
- State v. O'NeilSupreme Court of Vermont · 1885
- Pilgreen v. StateSupreme Court of Alabama · 1882
- State v. WingfieldSupreme Court of Missouri · 1893
- State v. Carl & TobeySupreme Court of Arkansas · 1884
- State v. FlanaganWest Virginia Supreme Court · 1893
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3Cited by19 opinions
- West India Oil Co. v. Sancho BonetSupreme Court of Puerto Rico · 1939
- Department of Revenue v. Jennison-Wright Corp.Illinois Supreme Court · 1946
- People ex rel. Brundage v. Hill Top Metals Mining Co.Illinois Supreme Court · 1921
- People v. BrownAppellate Court of Illinois · 1909
- People v. YoungIllinois Supreme Court · 1908
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