In re Reusch
This text of 113 N.W. 138 (In re Reusch) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
We think that the intention of the' legislature in the passage of sections 1, 2, 3 and 5 of the act assailed (laws 3907, ch. 82) was to prevent manufacturers, wholesalers or jobbers of intoxicating liquors, or their agents, from [450]*450selling or being interested in the sale of intoxicating liquors at retail, and not to prohibit an occasional sale of liquor by a retailer in a quantity in excess of an ordinary retail sale.- Reusch is not charged with having made a sale at retail, but with having made a sale at wholesale, Avhich is not Avithin the inhibition of the laAV.
Having reached this conclusion, it is unnecessary to consider the question of the constitutionality of the act.
Prisoner discharged.
Judgment accordingly.
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Cite This Page — Counsel Stack
113 N.W. 138, 79 Neb. 449, 1907 Neb. LEXIS 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-reusch-neb-1907.