Cotant v. Hobson
Supreme Court of Iowa
Certiorari to the defendant, as judge of the district court of Chickasaw county, Iowa. One, Fred Herring, was, on a proceeding in said court, enjoined from selling intoxicating liquors. Plaintiff filed an information in .the district court, charging a violation of the injunction. On the hearing before the defendant; Herring was adjudged not guilty, and discharged.
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Certiorari to the defendant, as judge of the district court of Chickasaw county, Iowa. One, Fred Herring, was, on a proceeding in said court, enjoined from selling intoxicating liquors. Plaintiff filed an information in .the district court, charging a violation of the injunction. On the hearing before the defendant; Herring was adjudged not guilty, and discharged. Because of alleged illegalities in the proceedings, the writ in this proceeding issued, and a return thereto has been made. The questions presented will be noticed in the opinion.
1Opinion of the CourtGranger, J.
The information charged the violation of the injunction by the selling of intoxicating liquors in New Hampton, in Chickasaw county. The return to the writ shows that at the trial of the information the parties stipulated that Herring was conducting his saloon under' the provisions of chapter 62, Acts Twenty-fifth General Assembly, and that, if he was guilty of contempt, it consisted in his selling in violation of the act. The testimony considered is set out in the return, consisting of affidavits. Two affidavits were offered, and the offer refused, which refusal is one of the illegalities…
2Cited by3 opinions
- Jones v. MouldSupreme Court of Iowa · 1911
- Hawks v. FellowsSupreme Court of Iowa · 1899
- Lake v. WolfeSupreme Court of Iowa · 1899