Legal Opinion

Bellison v. A. Apland & Co.

Supreme Court of Iowa

Decided February 7, 1902PublishedCited by 7 opinions

Appeal from Story District Court. — Hon. J. R. Whitaker, Judge. This action is brought, under section 2418 of the Code, to recover damages arising from the sale of intoxicating liquors to the plaintiffs husband. There was a trial to- a jury, and a verdict and judgment for the plaintiff, from which the defendant Apland appeals.

1Opinion of the Court

Sherwin, J.-

The petition avers the habitual drunkenness of the husband, and loss of support on account thereof. After the trial had commenced the plaintiff dismissed as to all defendants except Apland; and, as we shall reverse the case on other grounds, it is not necessary to determine whether there was' a misjoinder of parties defendant.

1 The seventh paragraph of the court’s charge told the jury that it was the husband’s duty to furnish the wife the “comforts and surroundings reasonable and necessary for the position in society in which she lived,” and that if her husband had failed to “so-…

2Cases cited5 opinions

  1. Dunlavey v. WatsonSupreme Court of Iowa · 1874
  2. Ennis v. ShileySupreme Court of Iowa · 1877
  3. Huggins v. KavanaghSupreme Court of Iowa · 1879
  4. Jewett v. WanshuraSupreme Court of Iowa · 1876
  5. Flint v. GauerSupreme Court of Iowa · 1885

3Cited by7 opinions

  1. Snyder v. Tribune Co.Supreme Court of Iowa · 1913
  2. Callahan v. JonesWashington Supreme Court · 1939
  3. Knott v. PetersonSupreme Court of Iowa · 1904
  4. League v. EhmkeSupreme Court of Iowa · 1903
  5. State v. JensenSupreme Court of Iowa · 1917

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