Loan v. Hiney
Supreme Court of Iowa
Appeal from, JoJmson District Oowrt. This action was commenced in the Circuit Court to recover damages alleged to • have been sustained by the pla.int.i-ff because of the intoxication of her husband, caused by liquor sold him by said Hiney. The plaintiff asked that the judgment be made a lien on certain real estate owned by the defendant Etzell.
Read the full summary
Appeal from, JoJmson District Oowrt. This action was commenced in the Circuit Court to recover damages alleged to • have been sustained by the pla.int.i-ff because of the intoxication of her husband, caused by liquor sold him by said Hiney. The plaintiff asked that the judgment be made a lien on certain real estate owned by the defendant Etzell. There was a trial by jury; verdict and judgment against Hiney, but the jury found in favor of Mrs. Etzell in respect to the lien claimed. The finding, as to Mrs. Etzell, was set aside. Thereupon, by consent of parties, the cause was transferred to the…
1Opinion of the CourtSeevers, J.
When this canse was before us at a former term, a majority of the court were of the opinion the defendant Etzell was not entitled to a trial by jury, but upon further argument we have concluded this was not correct. Our reasons, briefly stated, are as follows:
The action against Hiney was brought under section 1557 of the Code, which, in substance, provides that a wife may recover damages against one who sells her husband liquor, thereby causing him to become intoxicated, by reason of which she is injured in person, property, or means of support. The action against Mrs. Etzell was grounded on…
2Cited by5 opinions
- Wall v. AllenIllinois Supreme Court · 1910
- Swartley v. Oak Leaf Creamery Co.Supreme Court of Iowa · 1907
- O'Brien v. PutneySupreme Court of Iowa · 1880
- McVey v. ManattSupreme Court of Iowa · 1890
- Buckham v. GrapeSupreme Court of Iowa · 1885