De Camp v. Eveland
New York Supreme Court
APPEAL from a judgment of the county court of the county of Steuben. The action was commenced in the county court, to recover several penalties incurred by the defendant for violations of the excise law, committed in the town of Tyrone: The complaint contained four, counts or statements of causes of action, each charging the defendant, being a resident of said town, with a violation of the law, in selling strong and spirituous liquor in said town, in quantities of less than…
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APPEAL from a judgment of the county court of the county of Steuben. The action was commenced in the county court, to recover several penalties incurred by the defendant for violations of the excise law, committed in the town of Tyrone: The complaint contained four, counts or statements of causes of action, each charging the defendant, being a resident of said town, with a violation of the law, in selling strong and spirituous liquor in said town, in quantities of less than five gallons at a time, to certain persons therein named, to be by them drunk in the defendant’s dwelling house,…
1Opinion of the CourtWelles, J.
The decision of this case depends upon the validity of the act of the last session of the legislature, by which the new county of Schuyler was erected. (Laws of 1854, ch. 386.) If that act was constitutional, the plaintiffs in the court below were entitled to recover. That court rendered judgment in favor of the defendant, upon the ground that the act was in violation of certain provisions of the constitution. .
According to our republican theory, the whole power of 'government resides, primarily, in the people of the state. This power is usually denominated legislative, judicial, and…
2Cases cited2 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Morris v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1846
3Cited by25 opinions
- Sadler v. LanghamSupreme Court of Alabama · 1859
- Stevenson v. ColganCalifornia Supreme Court · 1891
- Stockton v. PowellSupreme Court of Florida · 1892
- Erie & North-East Railroad v. CaseySupreme Court of Pennsylvania · 1856
- Rumsey v. . the PeopleNew York Court of Appeals · 1859
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