State ex rel. Sheeks v. Hilliard
North Dakota Supreme Court
Appeal from District Court, Richland County; Lauder, J. Action by the state, on relation of H. Sheeks, against May G. Hilliard and others. Judgment for plaintiff, and defendant Hilliard appeals. Defendants carried on their business as druggists, and sold intoxicating liquors in compliance with law, except that they sold at a place other than that specified in the petition for license.
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Appeal from District Court, Richland County; Lauder, J. Action by the state, on relation of H. Sheeks, against May G. Hilliard and others. Judgment for plaintiff, and defendant Hilliard appeals. Defendants carried on their business as druggists, and sold intoxicating liquors in compliance with law, except that they sold at a place other than that specified in the petition for license. The petition asked the right to sell intoxicating liquors as druggists in the village of Lidgerwood. Hilliard, at the time of leasing the building, saw and read the permit, and relied thereon as authority to…
1Opinion of the CourtYoung, J.
This action is prosecuted on behalf of the state to abate an alleged liquor nuisance kept and maintained by the defendants Lewis W. Koch and Henry A. Phillips in a building situated upon lot 7, in block 11, in the village of Lidgerwood, in Richland county which lot and building they occupied under a lease from May G. Hilliard, the other defendant herein, contrary to the provisions of chapter 63 of the Penal Code, prohibiting unlawful dealing in intoxicating liquors. Judgment was entered in the district court abating said alleged nuisance, and for costs, which were taxed and allowed in the sum…
2Cases cited5 opinions
- Pearce v. StateCourt of Criminal Appeals of Texas · 1895
- Commonwealth v. AsburyCourt of Appeals of Kentucky · 1898
- Commonwealth v. HollandCourt of Appeals of Kentucky · 1898
- State v. FredericksSupreme Court of Missouri · 1852
- Commonwealth v. WelchMassachusetts Supreme Judicial Court · 1888
3Cited by1 opinion
- State ex rel. Kelly v. NelsonNorth Dakota Supreme Court · 1904