State v. Village of St. Johnsbury
Supreme Court of Vermont
General Assumpsit. Heard upon an agreed case, June Term, 1886, Ross, J., presiding. Judgment pro forma for the defendant. It was conceded that .the State was entitled to exceptions. Agreed statement: The action is general assumpsit.
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General Assumpsit. Heard upon an agreed case, June Term, 1886, Ross, J., presiding. Judgment pro forma for the defendant. It was conceded that .the State was entitled to exceptions. Agreed statement: The action is general assumpsit. The State claims to recover the amount of certain. fines and costs which were paid to the village treasurer at various times between the first day of August, 1881, and March, 1885. All these fines and costs accrued in prosecutions for the illegal sale of intoxicating liquor and for being found intoxicated. All .these prosecutions were instituted upon complaint of…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
This case is defended on several grounds. The first is that the fines and costs in question belong to the village and not to the State.
By the liquor law, as first passed in 1852, fines for illegal sales were to be paid to the treasury of the town where the *336offense was committed — St. of 1852, No. 24, s. .5 — but if the grand jury prosecuted, the fine and costs went to the treasury of the State — sec. 24. In like manner the penalty for being drunk was first made payable to the treasury of the town where the offense was committed. St. of 1855,…
2Cases cited7 opinions
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3Cited by16 opinions
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- City of Norfolk v. Norfolk CountySupreme Court of Virginia · 1917
- Soderberg v. King CountyWashington Supreme Court · 1896
- Morse v. KenneySupreme Court of Vermont · 1914
- Robertson v. RobertsonSupreme Court of Virginia · 1923
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