Huffman v. Rugg

Citations

• 24 Ohio C.C. Dec. 589

Syllabus

<p>DRUGS AND DRUGGISTS — INTOXICATING LIQUORS.</p> <p>Drug Store May be Subjected to Payment of Dow Tax for Sales on Unlawful Prescriptions and Injunction Refused to Prevent Tax by Distraint.</p> <p>Prescriptions calling for beer or other intoxicating liquor can not be accepted as issued in good faith, notwithstanding the good repute of the physician issuing them has not been called in question, where the writings themselves are not produced, and the testimony regarding them is that the so-called patients went to the physician and specified what they wanted, sometimes specifying the number of bottles wanted, whereupon the physician would write a prescription calling for a certain amount of beer or other liquor and in some cases would add the word “refill,” but gave no direction as to how the liquor was to be taken; and sales of beer or other intoxicants upon such prescriptions are unlawful, and subject the owner of the store as well as the owner of the real estate to liability for the Dow tax, and injunction will not lie to prevent collection ' of the tax by distraint.</p> <p>[Syllabus by the court.]</p>