Majority
p. 122Picket against Weaver, qui tam, &c.
Headnote
iiotreqdre'tiic fonnaiity^aiuT* pleading's,i n projusticesS ottim peace, as m tins them™'wheT brought up, by certiorari, according to the right of the case.ON certiorari, from a justice’s court.
• Weaver sued Picket, before the justice, as well for ^le overseers of the poor of the town of Pharsalia, as f°r himself, and declared against Picket, that he did, on t^le 18t^ January, 1809, in the house of Daniel Picket jn tjle saj¿ town, sell to Daniel Kinney, and receive Pay for °ne^laf pint of whiskey, which was there drank in that house, then occupied by the defendant, without .... having such license, or entering into such recognisance . , , , . _ , . ., , as is required by the "act of 7th April, 1807. 1 he defendant pleaded not guilty. On the trial, the plaintiff proved the sale of the whiskey, as stated, the payment, and the drinking in the house. The justice gave judgment for the plaintiff for 25 dollars.
The declaration sufficiently charges the defendant below, with selling spirituous liquors, by retail, without license; and the proof supported the charge. We have never required the same technical formality and precision in pleadings, before a justice, as in this court. The pleadings are to be conducted by the parties themselves, without the aid of an attorney; and the court on a review, by certiorari, is to determine upon the right of the case. The judgment below ought to be affirmed.
Judgment affirmed.