Town of Flora v. American Express Co.

Citations

• 92 Miss. 66
• 45 So. 149

Syllabus

<p>1. Intoxicants. Civil penalty. Unlawful sales. Code 1892, § 1590. Construction.</p> <p>Under Code 1892, § 1590, imposing a five hundred dollar civil penalty on any person unlawfully selling intoxicants and authorizing the state, county and municipality each to sue for and recover the same, a municipality can recover only one penalty for sales made before the beginning of the suit.</p> <p>2. Constitutional Law. Questions not to he decided. ■</p> <p>The supreme court will not decide the constitutionality of a statute unless it be essential to the decision of the case in which it is presented.</p> <p>8. Peremptory Instruction. When proper.</p> <p>Where there is no evidence warranting a verdict for plaintiff on an issue joined, and the trial court would be compelled to set it aside as unwarranted if rendered, a peremptory instruction for the defendant should be given.</p>