McKeever v. Beacom
Supreme Court of Iowa
Appeal from O’Brien District Court. — Hon. G-eorge W. Wakefield, Judge. Plaintiff, in his petition, averred his ownership of certain property in the city of Sheldon, Iowa; that the requisite number of signers to a statement of consent'to the sale of intoxicating liquors within the county under the provisions of the “Mulct Law” had been obtained and filed with the county auditor, as provided by law; that all the prerequisites of the law had been complied with, permitting the…
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Appeal from O’Brien District Court. — Hon. G-eorge W. Wakefield, Judge. Plaintiff, in his petition, averred his ownership of certain property in the city of Sheldon, Iowa; that the requisite number of signers to a statement of consent'to the sale of intoxicating liquors within the county under the provisions of the “Mulct Law” had been obtained and filed with the county auditor, as provided by law; that all the prerequisites of the law had been complied with, permitting the sale, without penalty, of intoxicating liquors within said county, and in the city of Sheldon; that the city council had…
1Opinion of the CourtKinne, C. J.
I. As the appellee does not insist upon his contention that the payment of this tax by the appellant was voluntarily made, and therefore cannot be recovered back, we shall give it no extended consideration. There can be no question that if the contract was legal, and the lessee failed to pay the tax, which was a part of the rental of the premises, the lessor could pay the same, and recover it, the same as any other rent of the lessee. Taylor, Landl. & Ten., section 398; Wood, Landl. & Ten. (2d Ed.) p. 963; Lillie v. Case, 54 Iowa, 177 (6 N. W. Rep. 254); 25 Am. & Eng. Enc. Law, p. 280, and…
2Cases cited5 opinions
- State v. VanVlietSupreme Court of Iowa · 1894
- State v. ForknerSupreme Court of Iowa · 1895
- Lillie v. CaseSupreme Court of Iowa · 1880
- Barthell v. SyversonSupreme Court of Iowa · 1880
- State v. AshertSupreme Court of Iowa · 1895
3Cited by7 opinions
- Campbell v. Jackman Bros.Supreme Court of Iowa · 1908
- Hammond v. KingSupreme Court of Iowa · 1908
- Iowa City v. McInnernySupreme Court of Iowa · 1901
- Phillips v. GiffordSupreme Court of Iowa · 1898
- State v. DelahoydeSupreme Court of Iowa · 1910
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