No. 28.

#### The Village of Fieldon v. Kraus et al.

This was an action of debt to recover the penalty provided by the ordinance of the village of Fieldon, for selling liquors in violation of the provisions of said ordinance. The declaration contained five counts. A general and special demurrer was filed to the declaration. Each count of the declaration was then sustained by the court, and the plaintiff electing to stand *649by its declaration, judgment was rendered against the plaintiff, ti which it excepted and brings the record to this court for review. The court is of opinion that the first count is substantially good, and would require the defendant to answer.

Opinion filed Feb. 25, 1886.

Be-versed and remanded.

Attorneys, for appellant, Messrs. Hamilton & Staton, and Mr. A. A. Goodrich; for appellee, Messrs. Brown & Kirby.

Opinion

Pee Curiam.

Judge below, G. W. Heedman.