State ex rel. Pearson v. McEntee
Supreme Court of Iowa
Appeal from Polle Circuit Court. The petition, in substance, states that the defendant McEntee was granted a permit to buy and sell intoxicating liquors, as provided in sections 1526 to 1538, inclusive, of the Code, as amended; and that he gave a bond conditioned as provided by law; and that the condition of said bond has been broken by his failing on the last Saturday in June, 1885, or within five days thereafter, to make a return in writing to the county auditor, as…
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Appeal from Polle Circuit Court. The petition, in substance, states that the defendant McEntee was granted a permit to buy and sell intoxicating liquors, as provided in sections 1526 to 1538, inclusive, of the Code, as amended; and that he gave a bond conditioned as provided by law; and that the condition of said bond has been broken by his failing on the last Saturday in June, 1885, or within five days thereafter, to make a return in writing to the county auditor, as provided by statute. The petition further states that said McEntee failed to make a similar report on the last Saturday in…
1Opinion of the CourtSeevers, J.
But for an amendment to the statute, Abbott v. Sartori, 57 Iowa, 656, would control the decision in this case. The facts in each are precisely the same, and it may well be presumed that the circuit court thought that case was decisive of this. The duty of the person holding a permit to make a return in writing is prescribed by section 1537 of the Code. It has not been amended, but remains in force in the precise form it did when the cited case was decided. By reference to that case it will be found that the statute then in force provided that for a failure “to make the monthly return, as…
2Cases cited1 opinion
- Abbott v. SartoriSupreme Court of Iowa · 1882
3Cited by3 opinions
- State v. BevinsSupreme Court of Iowa · 1930
- State v. HigginsSupreme Court of Iowa · 1903
- Shirts v. Phœnix Accident & Sick Benefit Ass'nMichigan Supreme Court · 1904