Legal Opinion

In re Snell

Supreme Court of Vermont

Decided October 15, 1885PublishedCited by 9 opinions

Habeas Corpus. The petition was brought before Veazey, J., and was continued and heard at the General Term, 1885. The petitioner set forth, that he was imprisoned in the county jail by virtue of a mittimus issued by a justice of the peace; and that he had been complained against by a special prosecutor.

Read the full summary

Habeas Corpus. The petition was brought before Veazey, J., and was continued and heard at the General Term, 1885. The petitioner set forth, that he was imprisoned in the county jail by virtue of a mittimus issued by a justice of the peace; and that he had been complained against by a special prosecutor. The original complaint and mittimus were also set out, by which it appeared that the relator was' the owner of billiard tables in.a saloon situate in the village of Middlebury; that the selectmen of the town of Middlebury had forbidden him to use the said billiard tables, and had lodged a…

1Opinion of the Court

The opinion of the court was delivered by

Taft, J.

1. The law of this State authorizes the selectmen of any town to permit the use of billiard tables, un- . der regulations prescribed by them, R. L. s. 4070; or they may forbid the use of them, s. 4068.

This law being in force, the village of Middlebury was chartered and given the power to pass by-laws to suppress and restrain all descriptions of gaming, which clearly include the game of billiards.

The word restrain, when used as it is in the village charter, has been held to confer the power to license. Smith v. The City of Madison, 7 Ind. 86;…

2Cases cited4 opinions

  1. State v. ClarkeSupreme Court of Missouri · 1873
  2. City of Emporia v. VolmerSupreme Court of Kansas · 1874
  3. Smith v. City of MadisonIndiana Supreme Court · 1855
  4. Town of Bennington v. SmithSupreme Court of Vermont · 1857

3Cited by9 opinions

  1. Village of St. Johnsbury v. ThompsonSupreme Court of Vermont · 1887
  2. Peace v. McAdooAppellate Division of the Supreme Court of the State of New York · 1905
  3. Law County Board v. SpartanburgSupreme Court of South Carolina · 1928
  4. Petition of DusablonSupreme Court of Vermont · 1967
  5. Office of State's Attorney Ex Rel. Sheehan v. DiamondSupreme Court of Vermont · 1979

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API