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Eiger v. Garrity, 246 U.S. 97 (1918)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Eiger v. Garrity, 246 U.S. 97 (1918)
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Eiger v. Garrity No. 143 Argued January 22, 23, 1918 Decided March 4, 1918 246 U.S. 97
ERROR TO THE SUPREME COURT
OF THE STATE OF ILLINOIS
Syllabus
A state statute giving a wife a right of action against any person who injures her means of support by selling intoxicating liquor to her husband does not violate the due process clause of the Fourteenth Amendment by providing further that the judgment for damages so recovered shall be a lien upon the premises where the liquor was sold, as against an owner who leased, or knowingly permitted the use of, such premises for the sale of intoxicating liquor.
Dram Shop Act, Illinois Rev.Stats., c. 43, § 10, upheld as involved in this case
Such a statute has the effect of making the tenant the agent of the landlord for its purposes, and the landlord is not denied due process by taking the judgment against the tenant (in the absence of collusion or fraud) as conclusive upon the amount of the damages suffered and the right to recover them if, in the proceeding to enforce the lien, the landlord be allowed due opportunity to controvert the rendition of such judgment and the making of the lease authorizing sale of intoxicating liquor, or, if such be the issue, his knowledge of such use of the premises.
272 Ill. 127 affirmed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Eiger v. Garrity, 246 U.S. 97 (1918) in 246 U.S. 97 246 U.S. 98. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=AIA3ENJGJ73DQQE.
MLA: U.S. Supreme Court. "Syllabus." Eiger v. Garrity, 246 U.S. 97 (1918), in 246 U.S. 97, page 246 U.S. 98. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=AIA3ENJGJ73DQQE.
Harvard: U.S. Supreme Court, 'Syllabus' in Eiger v. Garrity, 246 U.S. 97 (1918). cited in 1918, 246 U.S. 97, pp.246 U.S. 98. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=AIA3ENJGJ73DQQE.
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