Murray v. Wilson Distilling Co.
Court of Appeals for the Fourth Circuit
Appeal from the Circuit Court of the United States for the District of South Carolina, at Charleston. In 1892 the South Carolina Legislature passed an act establishing what was called a “State Dispensary.” Under the provisions of this act private inn dividuals were forbidden to engage in either the manufacture or sale of' intoxicating liquors of all kinds and the right to carry on the liquor business in the state of South Carolina was reserved to the state.
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Appeal from the Circuit Court of the United States for the District of South Carolina, at Charleston. In 1892 the South Carolina Legislature passed an act establishing what was called a “State Dispensary.” Under the provisions of this act private inn dividuals were forbidden to engage in either the manufacture or sale of' intoxicating liquors of all kinds and the right to carry on the liquor business in the state of South Carolina was reserved to the state. The act provided for a board of control of the dispensary, consisting of the Governor, the Comptroller General, and Attorney General, and…
1Opinion of the CourtBoyd, District Judge
(after stating the facts as above). When we have cleared away the immaterial matter and have divested this controversy of all save that which relates to the substance of it, there remains to be considered two main propositions. The first is jurisdictional, and presents the question whether this action is against the state of South Carolina, and, therefore, forbidden by the eleventh amendment to the Constitution of the Linked States; the second, whether the Dispensary Commission, against the several members of which this suit is brought, is a court of the state of South Carolina and,…
2Cases cited15 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- United States v. LeeSupreme Court of the United States · 1882
- Burgess v. SeligmanSupreme Court of the United States · 1883
- South Carolina v. United StatesSupreme Court of the United States · 1905
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3Cited by18 opinions
- Miller v. MuscarelleNew Jersey Superior Court Appellate Division · 1961
- State v. OatsNew Jersey Superior Court Appellate Division · 1954
- Danes v. SmithNew Jersey Superior Court Appellate Division · 1954
- In Re Applications of SabongyNew Jersey Superior Court Appellate Division · 1952
- Dacunzo v. EdgyeNew Jersey Superior Court Appellate Division · 1955
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