Niles v. Fries
Supreme Court of Iowa
Appeal from JaeTcson Cireidt Court. The. plaintiff brought suit against one Lindeneau, in which an attachment was issued and levied upon two barrels and two casks of liquors. The appellant thereupon intervened by a petition filed in the case, wherein he claimed that he was the “ full, absolute and unqualified owner” of the liquors, describing them as whisky and rum.
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Appeal from JaeTcson Cireidt Court. The. plaintiff brought suit against one Lindeneau, in which an attachment was issued and levied upon two barrels and two casks of liquors. The appellant thereupon intervened by a petition filed in the case, wherein he claimed that he was the “ full, absolute and unqualified owner” of the liquors, describing them as whisky and rum. He further states that the liquors were in his possession, in the city of Maquoketa, when taken on the attachment; that he acquired the ownership thereofj by purchase of Lindeneau, before they were seized upon the attachment, and…
1Opinion of the CourtBeck, J.
intoxicating ofQpropertyisht therein. The grounds of the demurrer are these: The property in question is intoxicating liquors; the intervenor bases his claim thereto upon a purchase from the defendant in the action, without showing the legal capacity of defendant to sell, or of the intervenor to purchase, liquors of the kind, the sale of which is forbidden, except by previous authority of law. The question raised by the demurrer is the only point of dispute in the case.
The keeping of intoxicating liquors, with no intent to sell them within the State contrary to law, is not forbidden by the…
2Cited by2 opinions
- Blunk v. WaughSupreme Court of Oklahoma · 1912
- Pearson v. International DistillerySupreme Court of Iowa · 1887