Legal Opinion

Foster v. Brown

Supreme Court of Iowa

Decided April 20, 1881PublishedCited by 8 opinions

Appeal from an order of Judge L. O. Blanchard, J%idge of Sixth Judicial District of Iowa. The 'plaintiff, Foster, applied for and obtained a writ of habeas corpus.

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Appeal from an order of Judge L. O. Blanchard, J%idge of Sixth Judicial District of Iowa. The 'plaintiff, Foster, applied for and obtained a writ of habeas corpus. A return was made wbicli showed that the defendant, as sheriff of Marion county, held Foster in custody under a warrant of commitment issued by the mayor of the city of Knoxville in said county; that Foster was convicted in tjie mayor’s court of the crime of selling intoxicating liquors contrary to the ordinances of the city: that judgment having been rendered the warrant issued in pursuance of the judgment. The plaintiff for reply…

1Opinion of the Court

Adams, On. J.

i. municipal powenfoi0?' sale of intoxieating liquors, — The court found as a fact that the plaintiff was committed for selling whiskey, and not beer or wine, The question presented is whether nnclcr the charter and ordinances of Knoxville the mayor . had jurisdiction to try and convict the plaintiff for selling whiskey, the sale of whiskey being prohibited by *687the laws of the State. The city of Knoxville was incorporated under a special charter in January, 1855. In the charter it is provided that the city council shall have authority to “prohibit the sale of intoxicating liquors,…

2Cited by8 opinions

  1. Bear v. City of Cedar RapidsSupreme Court of Iowa · 1910
  2. Ex parte TheisenSupreme Court of Florida · 1892
  3. Van Buren v. TexarkanaSupreme Court of Arkansas · 1890
  4. Town of Neola v. ReichartSupreme Court of Iowa · 1906
  5. Ex Parte SimmonsCourt of Criminal Appeals of Oklahoma · 1911

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