People v. Gallagher
Michigan Supreme Court
Case reserved from "Wayne Circuit. The defendant sold spirituous liquors without showing that he was a druggist, or that he had any right to sell the same under Section 14 of “ An Act to prevent the manufacture and sale of Spirituous and Intoxicating Liquors,^as a beverage,” approved February 3d, 1855. Although the liquor sold was imported by the defendant, it was not sold in the original package, or in quantities corresponding with the entire contents of such original…
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Case reserved from "Wayne Circuit. The defendant sold spirituous liquors without showing that he was a druggist, or that he had any right to sell the same under Section 14 of “ An Act to prevent the manufacture and sale of Spirituous and Intoxicating Liquors,^as a beverage,” approved February 3d, 1855. Although the liquor sold was imported by the defendant, it was not sold in the original package, or in quantities corresponding with the entire contents of such original package, but a small quantity was drawn from each package and sold. For the People, it was contended that this was a clear…
1Opinion of the Court
By the Court,
Johnson, J.
The Legislature of this State, by an Act approved February 3d, 1855, prohibited the sale of spirituous and intoxicating liquors as a beverage. The defendant has been convicted under this law, and now insists that the same is unconstitutional. And this is the sole question for our consideration.
Before proceeding to the main question, it may be proper to notice a position taken by defendant’s counsel, that this law prohibits the sale of liquors for all purposes, insisting that the provisions of section fourteen of said Act, authorizing druggists, under certain…
2Cases cited7 opinions
- Calder v. BullSupreme Court of the United States · 1798
- Fletcher v. PeckSupreme Court of the United States · 1810
- Cochran v. Van SurlayNew York Supreme Court · 1838
- Beauchamp v. StateIndiana Supreme Court · 1842
- Harvey v. ThomasSupreme Court of Pennsylvania · 1840
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
- People ex rel. Twitchell v. BlodgettMichigan Supreme Court · 1865
- Sears v. CottrellMichigan Supreme Court · 1858
- Ex-Parte WellsSupreme Court of Florida · 1885
- Attorney General v. PrestonMichigan Supreme Court · 1885
12 more not listed; retrieve them via the Exa API.