Legal Opinion

Murray v. Wilson Distilling Co.

Supreme Court of the United States

Decided April 5, 1909No. 625PublishedCited by 410 opinions

CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT. The facts/are stated in the opinion The commission, as individuals, have no interest in the fund. They are mere agents holding a fund, with the power, after they shall have determined what is a just liability, to pay the same over out of the fund. The assets are still the assets of the State.

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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT. The facts/are stated in the opinion The commission, as individuals, have no interest in the fund. They are mere agents holding a fund, with the power, after they shall have determined what is a just liability, to pay the same over out of the fund. The assets are still the assets of the State. Being officers of the State, with the funds of'the State in their possession belonging to the State, and these suits being brought by alleged creditors of the State, the State is the real party in interest, and the suit is virtually…

1Opinion of the CourtJustice White

*

The State of South Carolina in the year 1892 assumed the exclusive management of all traffic in liquor. To carry out this purpose a board of control was created, composed of the governor, the comptroller general and the attorney general, clothed with power to supervise the system of liquor traffic which the act embodied and to adopt geiipral rules and regulations, pertaining to the subject. All liquor intended for consumption was required to be bought by an officer styled a commissioner, upon whom was cast the duty of distributing the liquor .to local officials, known as dispensers. The…

2Cases cited11 opinions

  1. In Re AyersSupreme Court of the United States · 1887
  2. South Carolina v. United StatesSupreme Court of the United States · 1905
  3. Smith v. ReevesSupreme Court of the United States · 1900
  4. Scott v. DonaldSupreme Court of the United States · 1897
  5. Louisiana v. JumelSupreme Court of the United States · 1883

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3Cited by410 opinions

  1. Edelman v. JordanSupreme Court of the United States · 1974
  2. Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
  3. William Leer Robert Larry Emerhiser v. Al Murphy Darrell Gardner Arvin AraveCourt of Appeals for the Ninth Circuit · 1988
  4. Welch v. Texas Department of Highways & Public TransportationSupreme Court of the United States · 1987
  5. Abick v. State Of MichiganCourt of Appeals for the Sixth Circuit · 1986

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