Crowder, Judge v. Franklin County Distilling Co.

Court of Appeals of Kentucky (pre-1976)

Crowder, Judge v. Franklin County Distilling Co.

178 S.W.2d 928, 297 Ky. 35, 1944 Ky. LEXIS 653

CourtCourt of Appeals of Kentucky (pre-1976)

DecidedMarch 14, 1944

StatusPublished

Cited by4 cases

This text of 178 S.W.2d 928 (Crowder, Judge v. Franklin County Distilling Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky (pre-1976) primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Crowder, Judge v. Franklin County Distilling Co., 178 S.W.2d 928, 297 Ky. 35, 1944 Ky. LEXIS 653 (Ky. 1944).

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Opinion

Opinion of the Court by

Judge Rees

Affirming.

Ten penal actions were filed in the Graves quarterly court by the Commonwealth of Kentucky against Franklin County Distilling- Company. Each of the penal actions contained five counts charging- violations on specified *36 days of KRS 242.250 (Carroll’s Kentucky Statutes, section 2554c-19), which, provides that it shall be unlawful for any person, while representing either the buyer or' seller, to distribute, solicit or receive contracts, proposals or orders for the purchase or sale of any intoxicating liquors, or to distribute any handbills or posters advertising the same in local option territory, and making each act of distributing, soliciting or receiving contracts, proposals or orders, as denounced therein, and each day in which advertising matter is distributed a separate offense. It was charged in each count that the defendant had violated the statute by the display of a signboard advertising intoxicating liquor at a specified place in Graves county. Judgment was sought for a fine of $20 to $100 on each count, a total of $100 to $500 in each penal action. The Franklin County Distilling Company brought this action in the Graves circuit court against the judge of the Graves quarterly court and the county attorney of Graves county to enjoin the defendants from proceeding further in the prosecution of the penal actions. Special and general demurrers to the petition as amended were overruled, the defendants declined to plead further, and judgment was rendered permanently enjoining the defendants from proceeding further in the prosecution of the penal actions in the Graves quarterly court.

The facts in this case are on all fours with the facts in Crowder v. Schlitz Brewing Company, 295 Ky. 822, 175 S. W. (2d) 1003, and, on the authority of that case, the judgment is affirmed.

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Opinion of the Court by

Judge Rees

Affirming.

Ten penal actions were filed in the Graves quarterly court by the Commonwealth of Kentucky against Franklin County Distilling- Company. Each of the penal actions contained five counts charging- violations on specified *36 days of KRS 242.250 (Carroll’s Kentucky Statutes, section 2554c-19), which, provides that it shall be unlawful for any person, while representing either the buyer or' seller, to distribute, solicit or receive contracts, proposals or orders for the purchase or sale of any intoxicating liquors, or to distribute any handbills or posters advertising the same in local option territory, and making each act of distributing, soliciting or receiving contracts, proposals or orders, as denounced therein, and each day in which advertising matter is distributed a separate offense. It was charged in each count that the defendant had violated the statute by the display of a signboard advertising intoxicating liquor at a specified place in Graves county. Judgment was sought for a fine of $20 to $100 on each count, a total of $100 to $500 in each penal action. The Franklin County Distilling Company brought this action in the Graves circuit court against the judge of the Graves quarterly court and the county attorney of Graves county to enjoin the defendants from proceeding further in the prosecution of the penal actions. Special and general demurrers to the petition as amended were overruled, the defendants declined to plead further, and judgment was rendered permanently enjoining the defendants from proceeding further in the prosecution of the penal actions in the Graves quarterly court.

The facts in this case are on all fours with the facts in Crowder v. Schlitz Brewing Company, 295 Ky. 822, 175 S. W. (2d) 1003, and, on the authority of that case, the judgment is affirmed.

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178 S.W.2d 928, 297 Ky. 35, 1944 Ky. LEXIS 653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crowder-judge-v-franklin-county-distilling-co-kyctapphigh-1944.

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