Moser v. Stebel

Citations

• 19 Ohio C.C. Dec. 487
• 9 Ohio C.C. (n.s.) 217
• 1906 Ohio Misc. LEXIS 267

Syllabus

<p>INTOXICATING LIQUORS.</p> <p>Haynes, Parker and Wildman, JJ.</p> <p>1. Sunday Sale of Liquors as Fokfeitube of Lease.</p> <p>Sale of intoxicating liquors on Sunday comes within the provisions of Rev. Stat. 4361 (Lan. 7236) providing for the forfeiture of leasehold estates for the unlawful sale of intoxicating liquors by the lessee, invalidates eo instanti the lease of the premises .where made, and the fact that the act making such sale on Sunday unlawful was passed subsequent to the section declaring the forfeiture is immaterial.</p> <p>[For other cases in point, see 5 Cyc. Dig., “Intoxicating Liquors,” §§ 374-377. — Ed.]</p> <p>2. Fokfeitube of Lease fob Únlawful Use Declabatory of Common Law.</p> <p>In so far as Rev. Stat. 4361 (Lan. 7236) provides for the forfeiture of the lease of premises upon which intoxicating liquor has been sold contrary to law, it is- declaratory of a principle that existed at common law independent of the statutory enactment.</p> <p>3. Facts Necessary to Establish to Declare Forfeiture.</p> <p>It is not necessary that a landlord, seeking to forfeit a lease because -of the unlawful sale of intoxicating liquors on the premises, should bring a criminal prosecution and establish beyond reasonable doubt that the lessee has violated the law with reference to liquor selling. It is enough if he proceed in a court of civil jurisdiction and by the amount of proof requisite in such a tribunal establish the fact that the defendant has violated the law, whereupon the common law principle applies, terminating the tenancy as of the time of the unlawful act.</p> <p>4. Lien of Saloon Tax as Affecting Prior Leases.</p> <p>The lien created upon the premises for the 'saloon tax provided for in the Aiken law cannot affect leases made prior to the passage of that law, but if the lessee has by unlawful sale of liquor 'forfeited his lease the lien will attach as provided for in the statute.</p> <p>[For other cases in point, see 5 Cyc. Dig., “Intoxicating Liqu