Pleuler v. State
Nebraska Supreme Court
Error to the district court for Douglas county, where plaintiff in error had been indicted for selling spirituous liquors without having a license therefor, under and pursuant to the act of February 28th, 1881, “ to regulate and license the sale of malt, spirituous, and vinous liquors,” etc., and without having complied with the provisions of that act. Upon a plea of not guilty there was a trial before Savage, J., and a jury.
Read the full summary
Error to the district court for Douglas county, where plaintiff in error had been indicted for selling spirituous liquors without having a license therefor, under and pursuant to the act of February 28th, 1881, “ to regulate and license the sale of malt, spirituous, and vinous liquors,” etc., and without having complied with the provisions of that act. Upon a plea of not guilty there was a trial before Savage, J., and a jury. The state gave evidence tending to show that spirituous and malt liquors were sold by- tbe plaintiff in error, in tbe city of Ornaba, on tbe twenty-second day of June…
1Opinion of the CourtLake, J.
In the consideration of this case it should be kept in mind that to justify a court in pronouncing an act of the legislature unconstitutional, it must be clear and free from reasonable doubt that it is so, not a doubtful and argumentative implication. Or, in other words, a statute should not be held invalid unless it is clearly forbidden by the paramount law. Such substantially has been the holding of all courts speaking upon this subject. Cooper v. Telfair, 4 Dallas, 14. Sharpless et al. v. The Mayor etc., 21 Pa., 147. Adams v. Howe, 14 Mass., 340. City of Lexington v. McQuillan, 9 Dana,…
2Cases cited18 opinions
- Ward v. MarylandSupreme Court of the United States · 1871
- Sharpless v. Mayor of PhiladelphiaSupreme Court of Pennsylvania · 1853
- Youngblood v. SextonMichigan Supreme Court · 1875
- Santo v. StateSupreme Court of Iowa · 1855
- Sears v. CottrellMichigan Supreme Court · 1858
13 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Gherna v. StateArizona Supreme Court · 1915
- Otey v. StateNebraska Supreme Court · 1992
- Slack v. StateCourt of Criminal Appeals of Texas · 1911
- Martin v. StateNebraska Supreme Court · 1888
- Moore v. City of IndianapolisIndiana Supreme Court · 1889
39 more not listed; retrieve them via the Exa API.