State v. Schmidtz
Supreme Court of Iowa
Appeal from Sac District Gov/rt. The board of supervisors of the county of Sac granted the defendant a permit to sell intoxicating liquors for lawful purposes. A citizen of tbe county “ filed a written information, on oath, before the district judge,” charging in substance that the de/endant had sold such liquors for unlawful purposes.
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Appeal from Sac District Gov/rt. The board of supervisors of the county of Sac granted the defendant a permit to sell intoxicating liquors for lawful purposes. A citizen of tbe county “ filed a written information, on oath, before the district judge,” charging in substance that the de/endant had sold such liquors for unlawful purposes. A citation was issued and served on the defendant, requiring him to appear before the district court and show cause why his permit should not be vacated. The defendant appeared and answered the information, and there was a trial. The court revoked the permit,…
1Opinion of the CourtSeevers, J.
i. intoxicaabpe'o^errevocation by district court: jurisdiction: how cause tiorari. I. The defendant demanded a trial by jury, and moved to strike out the name of the state as plaintiff, and insert the name of the person who filed the inforrnation. The motion was overruled, and a trial by jury refused. In so doing, it is said the court exceeded its jurisdiction, or acted illegally, ihe J J court, under the statute, (Code, § 1535,) undoubtedly had jurisdiction, and it is clearly provided therein that the court shall hear the cause, and, if the charge is sustained by the evidence, shall revoke…
2Cases cited4 opinions
- Jayne v. DrorbaughSupreme Court of Iowa · 1883
- Galloway v. CorbittMichigan Supreme Court · 1884
- Hurber v. BaughSupreme Court of Iowa · 1876
- Fagg v. ParkerSupreme Court of Iowa · 1860
3Cited by11 opinions
- Ryan v. HutchinsonSupreme Court of Iowa · 1913
- Wallace v. Mayor of RenoNevada Supreme Court · 1903
- Walker v. City of ClintonSupreme Court of Iowa · 1953
- Finn v. Winneshiek District CourtSupreme Court of Iowa · 1909
- Oyster v. BankSupreme Court of Iowa · 1898
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