Legal Opinion

State v. Lager Beer

Supreme Court of New Hampshire

Decided December 5, 1895PublishedCited by 2 opinions

Libel, in which the town of Exeter is complainant, alleging that “ the following particularly described spirituous and intoxicating liquors, ... to wit, twenty-six cases of lager beer, of two dozen bottles each, of the value of sixty-four and T2^¡- dollars, . . . were kept for sale in violation of law in a certain building-in said Exeter, occupied by Ezra Fisher as a bottling establishment; that upon a lawful and proper warrant search of said premises was lawfully made and…

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Libel, in which the town of Exeter is complainant, alleging that “ the following particularly described spirituous and intoxicating liquors, ... to wit, twenty-six cases of lager beer, of two dozen bottles each, of the value of sixty-four and T2^¡- dollars, . . . were kept for sale in violation of law in a certain building-in said Exeter, occupied by Ezra Fisher as a bottling establishment; that upon a lawful and proper warrant search of said premises was lawfully made and the goods and chattels above described there found then and there kept for sale in violation of law as aforesaid were…

1Opinion of the CourtBlodgett, J.

The contention that there is no law authorizing the seizure and forfeiture of malt liquors cannot be sustained. The libel in this case alleges, and the claimant does not deny, that the liquors in question are intoxicating. If this be so, they are clearly within the intent and meaning of the statute (P. S., c. 112, s. 30) providing that “ Any spirituous liquor kept for sale in violation of law . . . may be seized, . . . and upon due proceedings may be adjudged forfeited,” because it is enacted by the chapter relating to the construction of statutes that “ By the words ‘ spirit,’ ‘ spirituous…

2Cases cited1 opinion

  1. Jones v. SurpriseSupreme Court of New Hampshire · 1886

3Cited by2 opinions

  1. State v. Lager BeerSupreme Court of New Hampshire · 1900
  2. Berkshire Land Co. v. Federal Security Co.Court of Appeals for the Third Circuit · 1952

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