Vallance v. King
New York Supreme Court
This was an action of debt, brought by the plaintiff as overseer of the poor of the town of Springport, to recover penalties incurred by the defendant for violations of the excise laws.
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This was an action of debt, brought by the plaintiff as overseer of the poor of the town of Springport, to recover penalties incurred by the defendant for violations of the excise laws. The 1st, 4th and 6th counts of the declaration were for violations of the 15th section of the title of the revised statutes relating to excise, and tbe regulation of taverns and groceries; (1 R. S. 680;) the 2d, 5th and 7th counts were for violations of the 16th section of that title; and the 3d, 8th and 9th counts were for violations of the 5th section of the act relating to excise, and licensing retailers of…
1Opinion of the Court
By the Court,
Gridley, J.
There are two counts (the 2d and 5th,) in the declaration in this cause, founded on a violation of the 16th section of the old excise act; (1 R. S. 680;) and under these counts the plaintiff is entitled to retain his verdict for two penalties, if no error was committed by the court or jury, upon the trial of the cause, which requires u's to grant a new trial. It is argued, by the defendant’s counsel, that in a case when the electors of a town had voted “ no license,” the provisions of the revised statutes were repealed except so far as to fix the amount of the penalty…
2Cases cited3 opinions
- People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
- People v. AdamsNew York Supreme Court · 1837
- People v. M'FaddenNew York Supreme Court · 1835
3Cited by2 opinions
- Safford v. PeopleNew York Supreme Court · 1854
- Hale v. EverettSupreme Court of New Hampshire · 1868