
    Kaufmann v. Village of Hillsboro.
    
      Intoxicating liquors — Dow liquor law — Section 11 construed— What is sale at retail.
    (Decided May 22, 1888).
    Motion for leave to file petition in error to the Circuit Court of Highland County.
    The plaintiff in error was convicted before the mayor of Hillsboro on a complaint under oath charging him with keeping a place in said village where intoxicating liquors, to-wit, beer, are sold, contrary to the ordinance of said village. The ordinance was adopted under the provisions of the act known as the Dow law, authorizing town councils to prohibit the keeping of places within their limits where intoxicating liquors are sold in any quantities at retail, other than as permitted by said law. The proof was that K. sold twenty-five quarts of beer at one time to one Rhoades, put up in quart bottles; that he was not a manufacturer of'it, and that it was sold to Rhoades not for any mechanical, pharmaceutical or sacramental purpose, nor upon the prescription of any physician, but was sold to him to be drank as a beverage. There was also proof that K. kept a place where he was in the habit of selling beer in such quantities ; and the claim is made that such sales do not constitute a selling at retail -within the meaning of the ordinance, or of the statute conferring the power to adopt it.
    
      Sloane, Gardner & Hire, for the motion.
    
      D. Q. Morrow, contra.
    
   By the Court :

A sale, by one who is not a manufacturer, of twenty-five quarts of beer, put up in bottles of one quart each, not upon the prescription of a physician, nor for any known mechanical, pharmaceutical or sacramental purpose, but to be drank by the person to whom sold, is a sale at retail within the meaning of the eleventh section of the act known as the Dow law; and the keeping of such place where such sales are made is a violation o£ the ordinance of a village prohibiting ale, beer and porter houses and other places where intoxicating liquors are sold at retail for any pupose or in any quantity, other than as permitted by the eighth section of said act. (83 Ohio L. 157).

Motion overruled.  