State v. Arlen
Supreme Court of Iowa
Appeal from Clinton District Court. This is a proceeding before a justice of the peace, under Code, §§ 1544 — 1547, providing for the seizure, condemnation and destruction of intoxicating liquors kept for sale in violation of law. The justice rendered a judgment for the destruction of the liquors. Upon appeal, the district court dismissed the proceeding, the court holding that the justice had no jurisdiction of the case, for the reason that the liquors exceeded in value $400.
1Opinion of the CourtBeck, J.
I. The defendants, by their answer, showed that the value of the liquors exceed $400, and pleaded that the justice had therefore no jurisdiction of the case. A demurrer to the answer was overruled, and judgment was entered dismissing the case; the state standing upon its demurrer.
II. The proceeding is a criminal action. State v. Intoxicating Liquors, 40 Iowa, 95 ; Santo v. State, 2 Id., 165 ; State v. Bryan, 4 Id., 349. It is not, therefore, within the *217provision of the constitution limiting the jurisdiction of justices of the peace in civil cases.
III. There is no provision of the statute…
2Cases cited2 opinions
- Sullivan v. City of OneidaIllinois Supreme Court · 1871
- State v. Certain Intoxicating LiquorsSupreme Court of Iowa · 1874
3Cited by7 opinions
- City of Duluth v. CervenySupreme Court of Minnesota · 1944
- Edmunds v. State, ex rel. DedgeSupreme Court of Alabama · 1917
- State ex rel. Hodge v. GordonWashington Supreme Court · 1917
- State v. One Certain AutomobileSupreme Court of Iowa · 1946
- Steward v. StateIndiana Supreme Court · 1913
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