Lyon v. Fleahmann
Ohio Supreme Court
Error to the District Court of Hamilton county. Keziah Lyon brought an action, before a justice of the peace, against Philip Eleahmann.
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Error to the District Court of Hamilton county. Keziah Lyon brought an action, before a justice of the peace, against Philip Eleahmann. After judgment, the case was appealed to the court of common pleas, where the plaintiff filed a petition, setting forth that on July 18,1852, she was married to Thomas Lyon ; that she has been his wife ever since; that during a period óf more than one year immediately preceding the commencement of the suit (May 14,1874), said Thomas was in the habit of getting intoxicated, of which habit the defendant had notice ; that ■during that period, at divers times,…
1Opinion of the CourtOkey, J.
In Baker v. Beckwith, 29 Ohio St. 314, it was held that in order to recover in a civil action, under the ■seventh section of the liquor law, it is necessary to aver in the petition, and prove on the trial, facts showing that the sales were made in contravention of the penal provisions •of that statute. The pleader in this case has substantially complied with that requirement. But in Fuller v. The State, 12 Ohio St. 433, it was held that in a prosecution under the first section of that act, the crime must be proved beyond a reasonable doubt. The question here is whether the same rule applies…
2Cases cited4 opinions
- Barton v. ThompsonSupreme Court of Iowa · 1877
- Baker v. BeckwithOhio Supreme Court · 1876
- Hall v. BarnesIllinois Supreme Court · 1876
- Sloan v. GilbertCourt of Appeals of Kentucky · 1876