Pierce v. Hillsborough County
Supreme Court of New Hampshire
Assumpsit, by Henry D. Pierce against the county of Hillsborough, to recover one half of certain fines received by the county of O. P. Green-leaf and J. H. Lovering for violations of the law prohibiting the sale of spirituous liquor. The plaintiff claimed to recover one half of the fines imposed on Greenleaf and Lovering for keeping for sale as hereinafter mentioned. The case was tried upon the general issue.
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Assumpsit, by Henry D. Pierce against the county of Hillsborough, to recover one half of certain fines received by the county of O. P. Green-leaf and J. H. Lovering for violations of the law prohibiting the sale of spirituous liquor. The plaintiff claimed to recover one half of the fines imposed on Greenleaf and Lovering for keeping for sale as hereinafter mentioned. The case was tried upon the general issue. There was no conflict in the evidence so far as it tended to show that, at the January term, 1873, Greenleaf was indicted for selling to one Eorsaith, and also for keeping for sale ;…
1Opinion of the CourtHibbard, J.
In State v. Smith, 49 N. H. 155, the second head-note recognizes the right of a complainant to half of the fine in a prosecution for a violation of the law prohibiting the sale of spirituous liquor, although the offence may have been prosecuted at the expense of the state; but it does not appear from the opinion of the court that the question was considered in that form. It is stated, in the argument of the respondent’s counsel in that case,that the complainant “simplymade the complaint; * * all subsequent was done by the state’s attorney and at the expense of the state; ” but this does not…
2Cited by2 opinions
- State v. TuftsSupreme Court of New Hampshire · 1875
- State v. TuftsSupreme Court of New Hampshire · 1875