Legal Opinion

Thurman v. Adams

Mississippi Supreme Court

Decided March 15, 1903PublishedCited by 2 opinions

Erom "the circuit court of Lee county. Hon. Eugene O. Syices, Judge. Adams, state revenue agent> appellee, was plaintiff in the court below; Mrs. Thurman, appellant, was defendant there. Erom a judgment in plaintiff’s favor defendant appealed to the supreme court. The facts are fully stated in the opinion. Section 1590 of the code of 1892 is highly penal. Penal statutes must be strictly construed.

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Erom "the circuit court of Lee county. Hon. Eugene O. Syices, Judge. Adams, state revenue agent> appellee, was plaintiff in the court below; Mrs. Thurman, appellant, was defendant there. Erom a judgment in plaintiff’s favor defendant appealed to the supreme court. The facts are fully stated in the opinion. Section 1590 of the code of 1892 is highly penal. Penal statutes must be strictly construed. Such statutes cannot be so construed as to embrace cases not plainly within their letter. Johnson v. State, 63 Miss., 228; Foote v. Yanzant, 34 Miss., 40; White v. Oomstoch, 6 Vt., 405. A principal…

1Opinion of the Court

Price, L,

delivered the opinion of the court.

This case presents a single question of law upon the following statement of facts: J. E. Thurman was engaged in the mercantile business in the town of Tupelo, and, while so engaged, he was indicted for the unawful sale of whisky, and tried at the August term of 1901, convicted and heavily fined, and went out of business. His stock of goods was sold for- the benefit of creditors, and the appellant — his wife — purchased the same with her own money. She placed her husband, J. E. Thurman, in charge of the business as her general agent. He bought the…

2Cases cited3 opinions

  1. Riley v. StateMississippi Supreme Court · 1871
  2. Fullwood v. StateMississippi Supreme Court · 1890
  3. Fahey v. StateMississippi Supreme Court · 1884

3Cited by2 opinions

  1. Johnson v. StateWisconsin Supreme Court · 1977
  2. Colonial Stores Incorporated v. ScholzCourt of Appeals of Georgia · 1945

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