Adams v. W. H. Johnson & Co.
Adams v. W. H. Johnson & Co.
Opinion of the Court
delivered the opinion of the court.
We think it clear that a new ground of attachment — the ‘ ‘ selling or giving away by any person at his place of business, unlawfully, of liquors,’’ or the “ allowing ” this to be done — was created by $ 1590, code 1892, for the particular purposes of that section. The grounds<of attachment in chapter nine of the code are not applicable to the cause of action dealt with by said section. A consideration, historically, of our legislation on this subject puts it beyond doubt. See § 1109, Code 1880; Laws 1890, ch. 2, §2; Ib. ch. 8, §2; Code 1892, §§ 4191, 4255, 125, 1590, 1591, 93, 562; Laws 1894, ch. 34, § 2. It is to be noted that under § 1591, code 1892, the district attorney may sue the regularly licensed dealer on his bond; and, under § 125, by attachment. But this means attachment on some of the usual grounds in chapter 9, since it is against one who, like other persons, is conducting a lawful business, and has given bond to which resort can be had upon failure to comply with its conditions. Section 1590 provides a further remedy, by summary seizure of the property in an unlawful business, by attachment sued out on the single ground therein specified. , The words “ without bond " in § 1590 confer no new right upon
The purpose of the legislature to suppress illicit traffic in liquors has been most emphatically declared. Section 1590 is a signal instance of this purpose. The state revenue agent is clothed now with the fullest authority in the premises (Laws 1894, p. 29); and the laws relating to his duties — duties of the
The judgment quashing the affidavit and writ of attachment, and vacating the j udgment on the attachment issue, and withdrawing the venditioni exponas, is reversed, and said affidavit, writ and judgment on attachment issue are reinstated,, and a venditioni exponas ordered to be issued.
Reversed-
Reference
- Full Case Name
- Wirt Adams, State Revenue Agent v. W. H. Johnson & Co.
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- I' Sale ov Liquors. Penalty. Attachment. Code 1803, g1500. Section 1500, code 1893, providing that one unlawfully selling or giving away liquor at his place of business shall bo liable to the state, county and municipality in the sum of five hundred dollars, recoverable by suit which ' ‘ may be commenced by attachment without bond,” gives a new ground of attachment, distinct from those existing under the general law; and, in a suit to recover such penalty, an attachment may be sustained on the ground alone of the unlawful sale or disposition of liquor.