Beadleston v. Sprague
New York Supreme Court
IN error, on certiorari. The return stated, that Beadleston sued before the justice, as well for the overseers of the poor of Kingsbury, as for himself, and when the parties appeared, he declared in debt, for 25 dollars ; for that Sprague had sold, on the 13th August, 1808, by retail, one gill of rum, to I. L. Car leu, to be * t J 7 ° 7 J 7 drank in the defendant’s store, without license.
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IN error, on certiorari. The return stated, that Beadleston sued before the justice, as well for the overseers of the poor of Kingsbury, as for himself, and when the parties appeared, he declared in debt, for 25 dollars ; for that Sprague had sold, on the 13th August, 1808, by retail, one gill of rum, to I. L. Car leu, to be * t J 7 ° 7 J 7 drank in the defendant’s store, without license. The defendant pleaded not guilty, with notice that Henry 7''horn, on the 23d August, recovered by suit, 25 dollars, against him, in behalf of himself and the overseers of the poor of the town of Kingsbury,…
1Per curiam
1. The evidence of a former conviction was insufficient. In the first place, the conviction ought to have been drawn up and produced in the form prescribed by the 25 dollar act, of 1808. (31 sess. c. 204.) The act prescribes a specific form of conviction, to be drawn up by the magistrate, in this particular case of offences against the tavern act; and then it adds, that *103"every such conviction may be pleaded in bar, to any other prosecution, iór the same offence." When the law prescribes a particular form in such cases, it must ~be pursued, otherwise it does not afford the requisite legal…
2Cited by14 opinions
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- Cole v. ButlerSupreme Judicial Court of Maine · 1857
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