Blatchley v. Moser & Barkerloo
New York Supreme Court
Error from the Kings common pleas. Moser and Barker-loo, as overseers of the poor of the town of Brooklyn, sued Blatchley in a justice’s court to recover a penalty of $25 for selling, spirituous liquors to be drank in his house, without having obtained a licence as a tavern keeper. The defendant pleaded the general issue. On the trial of the cause the offence was proved, and that the defendant had not a tavern licence.
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Error from the Kings common pleas. Moser and Barker-loo, as overseers of the poor of the town of Brooklyn, sued Blatchley in a justice’s court to recover a penalty of $25 for selling, spirituous liquors to be drank in his house, without having obtained a licence as a tavern keeper. The defendant pleaded the general issue. On the trial of the cause the offence was proved, and that the defendant had not a tavern licence. It was admitted that he had been indicted for the same offence previous to the commencment of this suit, and that the indictment was still pending. This he relied on in bar of…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The points made by the plaintiff in error, that the process and declaration are defective in form, should have been taken before the justice before joining the issue. They came too late after the plaintiffs had rested their cause. The declaration is certainly good in substance, and it is now unnecessary to examine the form.
It is objected that the defendant was indicted for the same of-fence, and that such indictment was a bar to this suit. The authority relied on to maintain this point is The Commonwealth v. Cheney,6Mass.R.347,8. The statute of that state, as stated…
2Cases cited1 opinion
- People v. StevensNew York Supreme Court · 1835
3Cited by10 opinions
- People v. Detroit White Lead Works Corp.Michigan Supreme Court · 1890
- People v. . MeakimNew York Court of Appeals · 1892
- State ex rel. Scobey v. StevensIndiana Supreme Court · 1885
- Stout v. State Ex Rel. CaldwellSupreme Court of Oklahoma · 1913
- People v. SnyderAppellate Division of the Supreme Court of the State of New York · 1904
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