Legal Opinion

Picket v. Weaver

New York Supreme Court

Decided November 15, 1809PublishedCited by 2 opinions

ON certiorari, from a justice’s court. • Weaver sued Picket, before the justice, as well for ^le overseers of the poor of the town of Pharsalia, as f°r himself, and declared against Picket, that he did, on t^le 18t^ January, 1809, in the house of Daniel Picket jn tjle saj¿ town, sell to Daniel Kinney, and receive Pay for °ne^laf pint of whiskey, which was there drank in that house, then occupied by the defendant, without .... having such license, or entering into such…

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ON certiorari, from a justice’s court. • Weaver sued Picket, before the justice, as well for ^le overseers of the poor of the town of Pharsalia, as f°r himself, and declared against Picket, that he did, on t^le 18t^ January, 1809, in the house of Daniel Picket jn tjle saj¿ town, sell to Daniel Kinney, and receive Pay for °ne^laf pint of whiskey, which was there drank in that house, then occupied by the defendant, without .... having such license, or entering into such recognisance . , , , . _ , . ., , as is required by the "act of 7th April, 1807. 1 he defendant pleaded not guilty. On the…

1Per curiam

The declaration sufficiently charges the defendant below, with selling spirituous liquors, by retail, without license; and the proof supported the charge. We have never required the same technical formality and precision in pleadings, before a justice, as in this court. The pleadings are to be conducted by the parties themselves, without the aid of an attorney; and the court on a review, by certiorari, is to determine upon the right of the case. The judgment below ought to be affirmed.

Judgment affirmed.

2Cited by2 opinions

  1. Isaac Baker v. James AllenTennessee Supreme Court · 1812
  2. State v. VanceTennessee Superior Court for Law and Equity · 1809

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