Legal Opinion

Town of Eldora v. Burlingame

Supreme Court of Iowa

Decided October 18, 1883PublishedCited by 8 opinions

Appeal from Hardin District Court. The defendant was convicted upon an information filed with the major of plaintiff charging him with the violation of a town ordinance forbiding the sale of vinous, malt and intoxicating liquors. Upon an appeal to the district court, a like judgment was entered.

1Opinion of the CourtBeck, J.

I. The information is in two counts, the first charging defendant with selling, contrary to a town ordinance, “intoxicating, malt, fermented and vinous liquors, to-wit: beer, porter ale, wine and mixed intoxicating liquors.” The second count charges the sale of “spirituous, malt, fermented, intoxicating and mixed liquors, to-wit: beer, ale, wine, and mixed intoxicating liquors,” contrary to the provisions of the ordinance. In the district court the defendant demurrd on the grounds: Eirst, the information charges a crime punishable by the laws of the state; second, each count is bad for…

2Cited by8 opinions

  1. State v. EanSupreme Court of Iowa · 1894
  2. Larkin v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1892
  3. Markham v. City of AnamosaSupreme Court of Iowa · 1904
  4. Harrold v. City of HuntingtonWest Virginia Supreme Court · 1914
  5. Town of Fletcher v. HickmanCourt of Appeals for the Eighth Circuit · 1905

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