Thayer v. Lewis
New York Supreme Court
In this and several cases between other parties, arising under the excise law of 1845, (Stat. 1845, p. 322,) motions were made—some by the defendants, and others by the overseers of the poor—all of which were considered and disposed of at one time. The facts in relation to the points decided are sufficiently stated in the opinion of the court.
1Opinion of the Court
By the Court, Bronson, Ch. J.
We have a number of motions in suits which have been commenced by third persons in the name of the overseers of the poor, under the seventh section of the excise law of 1845, which will all be considered and disposed of together. Some of the motions are made by the defendants, and some by the overseers of the poor.
The penalties imposed by the revised statutes for selling spirituous liquors without a license, are to be sued for by the overseers of the poor of the town where the offence is committed. (1 R. S. 681, § 19.) But if they neglect for ten days to…
2Cases cited2 opinions
- Avery & Lathrop v. SlackNew York Supreme Court · 1837
- Corlies & Corlies v. Holmes & RobinsonNew York Supreme Court · 1839
3Cited by14 opinions
- People Ex Rel. A. Oakey Hall v. Board of SupervisorsNew York Court of Appeals · 1865
- Begole v. StimsonMichigan Supreme Court · 1878
- Board of Commissioners of Excise v. PurdyNew York Supreme Court · 1862
- Brown v. PondDistrict Court, S.D. New York · 1880
- Cox v. New York Central & Hudson River RailroadNew York Supreme Court · 1872
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