Legal Opinion

State v. Kirby

Supreme Court of Iowa

Decided April 9, 1903PublishedCited by 4 opinions

Appeal from Greene District Court. — HoN. Z. A. Chubch, Judge. The defendant was tried and convicted of disobeying a quarantine alleged to have been established by the local board of health. From a judgment on the verdict, he appeals.

1Opinion of the CourtShebwiN, J.

The local board of health of the incorporated town of Grand Junction undertook to quarantine the defendant for smallpox on the 1st day of June, 1901; and the indictment charges that he disobeyed the order of the board, and left the premises where he had been confined before the quarantine was raised, and without the consent *27oí the’ proper authorities. The sufficiency of the indictment is questioned, but this we need not determine, because of the view we take of the controlling question in the case, namely, the legality of the quarantine.

It is unquestionably true that the preservation of the…

2Cases cited2 opinions

  1. Commonwealth v. PatchMassachusetts Supreme Judicial Court · 1867
  2. State v. SpeyerSupreme Court of Vermont · 1895

3Cited by4 opinions

  1. Wragg v. GriffinSupreme Court of Iowa · 1919
  2. Crane v. StateCourt of Criminal Appeals of Oklahoma · 1911
  3. McCandless v. CampbellHawaii Supreme Court · 1911
  4. Kirby v. HarkerSupreme Court of Iowa · 1909

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