Eiger v. Garrity,
246 U.S. 97 (1918)

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U.S. Supreme Court

Eiger v. Garrity, 246 U.S. 97 (1918)

Eiger v. Garrity

No. 143

Argued January 22, 23, 1918

Decided March 4, 1918

246 U.S. 97


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.

Page 246 U. S. 98

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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