Legal Opinion

West v. Bishop

Supreme Court of Iowa

Decided January 29, 1900PublishedCited by 5 opinions

'Appeal from Polk District Court. This is a certiorari proceeding founded upon an application for an order on one Lorenz 111 to show, cause why he should not be punished for contempt in violating an injunction against a liquor nuisance.

Read the full summary

'Appeal from Polk District Court. This is a certiorari proceeding founded upon an application for an order on one Lorenz 111 to show, cause why he should not be punished for contempt in violating an injunction against a liquor nuisance. In support of the application nn affidavit was filed which recites that on June 21, 1895, 111 was perpetually enjoined from selling or keeping for sale, contrary to law, any intoxicating liquors in the Ninth judicial district, and it is further said that he is now engaged in selling such liquors. Defendant answered as follows: “(1) Gomes now the respondant,…

1Opinion of the CourtWaterman, J.

1 The question we have to determine is ■whether the statement of consent filed before October 1, 1897, remained effective after the Code became operative, which wás upon that date. Chapter 62, Laws Twenty-fifth General Assembly, provided that the penalties then prescribed for the sale of intoxicating liquors should not be enforced when certain conditions had been •complied with; and, first among these, it was made necessary, in cities of five thousand population or over, to secure .a written statement of consent to such traffic, signed by a nnajority of the residents of said city who voted at…

2Cases cited4 opinions

  1. Commonwealth v. BrennanMassachusetts Supreme Judicial Court · 1869
  2. State v. MullenhoffSupreme Court of Iowa · 1888
  3. State v. VanVlietSupreme Court of Iowa · 1894
  4. Columbus City v. CutcompSupreme Court of Iowa · 1883

3Cited by5 opinions

  1. Walker v. City of ClintonSupreme Court of Iowa · 1953
  2. Bernstein v. City of MarshalltownSupreme Court of Iowa · 1933
  3. Edworthy v. Iowa Savings & Loan Ass'nSupreme Court of Iowa · 1901
  4. Garrett v. BishopSupreme Court of Iowa · 1901
  5. Ahlers v. City of EsthervilleSupreme Court of Iowa · 1905

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API