Legal Opinion

Stewart v. Waterloo Turn Verein

Supreme Court of Iowa

Decided March 10, 1887PublishedCited by 14 opinions

Appeal from Blade Hawle Cwcioit Court. The plaintiff, a citizen of Black ITawk county, seeks by this action to recover of the defendant, for the use of the school fund, the sum of $100 for unlawfully selling beer to one Heizer, who is a person in the habit of becoming intoxicated. The defendant alleges that it is a corporation, and not liable to prosecution for the act complained of. There ivas a trial by jury.

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Appeal from Blade Hawle Cwcioit Court. The plaintiff, a citizen of Black ITawk county, seeks by this action to recover of the defendant, for the use of the school fund, the sum of $100 for unlawfully selling beer to one Heizer, who is a person in the habit of becoming intoxicated. The defendant alleges that it is a corporation, and not liable to prosecution for the act complained of. There ivas a trial by jury. The plaintiff offered and introduced liis evidence, whereupon the court, oír motion of the defendant, instructed the jury to return a verdict for the defendant, which was accordingly…

1Opinion of the CourtRothrock, J.

The cause involves less than $100, and the appeal comes to us upon a certificate of the trial judge, from which it appears that the defendant is a corporation organized under the provisions of chapter 2, tit. 9, of the Code, which provides for the organization of “corporations other than those for pecuniary profit.” The objects of the. corporation are declared in the articles of incorporation to be “the intellectual and physical improvement of the members, by forming and keeping up .a library, by establishing a school for instruction in gymnastic exercises, under such laws, rules and…

2Cases cited1 opinion

  1. Wales v. City of MuscatineSupreme Court of Iowa · 1856

3Cited by14 opinions

  1. Standard Oil Co. v. StateTennessee Supreme Court · 1906
  2. State ex inf. Hadley v. Delmar Jockey ClubSupreme Court of Missouri · 1906
  3. Overland Cotton Mill Co. v. PeopleSupreme Court of Colorado · 1904
  4. Rohrer v. Hastings Brewing Co.Nebraska Supreme Court · 1908
  5. State ex rel. Bell v. St. Louis ClubSupreme Court of Missouri · 1894

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