Siess, David - cleared - 1878

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Siess, David - cleared - 1878 - Liquor Dealers' Licenses. AN IMPORTANT DECISION...
Liquor Dealers' Licenses. AN IMPORTANT DECISION BY THE SUPeEME COURT. i State of Louisiana vs. David Siess.SThis Siess.SThis suit was brouht in the parish of Avovelles to recover from defendant the sum of 8312, for this: 1 That from the first of January, 1877, until the institution of this si:it, in July last, def-.ndint sold or gave away, as retail groer or dealer, distilled liquor in less quantity than a gallon. and, as such, owes the State a license of *85. 2. That for having failed to procure and exhibit said license, he is s to a, which, including the fees of the district attorney, amounts to ~t150. This action was brought in the name of the State, and defendant enjoined from carrying on his business as a retail grocer until the payment of the license, fine and penalties claimed from him. Is defendant liable for a license of X85, as keeper of a coffee house, in addition to that of $15, which he has paid a retail I grocer ? Hie did not sell by the glass, but sold in quantity less than a gallon ; and this he i had a right to do under the license which he paid. The law on this point is not as clear as it might have been ; but it contains a provision provision which, of itself, is sufficient to de feat the plaintiff's action. That provision is in these words: "All retail grocers sell ing by the glass shall pay, in addition to the grocery license, that required to keep a coffee-house." These expressions leave no doubt that the only grocers from whom that license could have been exacted under the law relied on by the district attorney were those who sold by the glass, and not those who, as defendant, sold by portions of a gallon, to be consumed out of the store. Judgment reversed and in favor of de fendant. I- a, It f it its &

Clipped from
  1. The Lafayette Advertiser,
  2. 04 May 1878, Sat,
  3. Page 2

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  • Siess, David - cleared - 1878

    siess – 29 Nov 2013

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    Column 5

    siess29 Nov 2013

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