Bigelow v. Johnson
New York Supreme Court
IN ERROR, on certiorari to a justice’s court. Johnson, the defendant in- error., brbught ah action of debt in the court below, against the plaintiff in error, and declared generally for the penalty of twenty-five dollars for selling strong 'and spirituous liquors, contrary to the 7th section of the act to lay a duty on strong liquors, &c.
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IN ERROR, on certiorari to a justice’s court. Johnson, the defendant in- error., brbught ah action of debt in the court below, against the plaintiff in error, and declared generally for the penalty of twenty-five dollars for selling strong 'and spirituous liquors, contrary to the 7th section of the act to lay a duty on strong liquors, &c. The plaintiff being called upon for the particulars of his charge, specified certain small quantities of liquors sold to particular persons: the defendant then pleaded the general issue, and at the trial the plaintiff proved his specific charges, and, also,…
1Opinion of the Court
Per Curiam,.
The 7th section of the act provides, “ that if any person shall sell by retail any strong or spirituous liquors, without having a license, or if any person shall sell any strong or spirituous liquors; to be drank in his or her house, outhouse, yard, or garden, without having entered into a recognisance, every person who shall be guilty of either of the offences aforesaid, shall, for each offence, forfeit the sum of twenty-five dollars.” Here are two distinct offences described, viz. one of selling by-retail without license, and the other, selling liquor to be drank in the house,…
2Cited by15 opinions
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- Aechternacht v. WatmoughSupreme Court of Pennsylvania · 1844
- Morehouse v. CrilleyNew York Supreme Court · 1853
- Village of Hardwick v. Vermont Telephone & Telegraph Co.Supreme Court of Vermont · 1897
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