Legal Opinion

Hubbell v. Higgins

Supreme Court of Iowa

Decided June 16, 1910PublishedCited by 61 opinions

Appeal from Polk District Gourl. — Hon. W. H. McHenry, Judge. Action for injunction brought by the plaintiffs, as owners of a hotel, against the defendant, as the official hotel inspector, to restrain the defendant from enforcing against the plaintiffs the provisions of the. law relating to hotel inspection, being chapter 168, Acts 33d General Assembly, on the alleged ground that such act is unconstitutional.

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Appeal from Polk District Gourl. — Hon. W. H. McHenry, Judge. Action for injunction brought by the plaintiffs, as owners of a hotel, against the defendant, as the official hotel inspector, to restrain the defendant from enforcing against the plaintiffs the provisions of the. law relating to hotel inspection, being chapter 168, Acts 33d General Assembly, on the alleged ground that such act is unconstitutional. There was a decree in the trial court sustaining the contention of the plaintiffs and entering a decree of perpetual injunction against the defendant on the ground of the…

1Opinion of the CourtEvans, J.

The case, was tried below upon a stipulation of facts. The issues were so framed and the facts so stipulated as to present to the court the one question whether the act of the Thirty-Third General Assembly above referred to is constitutional. The specific grounds upon which plaintiffs challenge the validity of the act as being unconstitutional are set forth in their substituted petition as follows:

That said act is unconstitutional, and in violation of and repugnant to the provisions of the Constitutions of the United States and state of Iowa,.for the reason that the classification of inns,…

2Cases cited15 opinions

  1. Barbier v. ConnollySupreme Court of the United States · 1884
  2. Hayes v. MissouriSupreme Court of the United States · 1887
  3. Commonwealth ex rel. McClain v. LockeSupreme Court of Pennsylvania · 1873
  4. Nichols v. WalterSupreme Court of Minnesota · 1887
  5. Welch v. SwaseyMassachusetts Supreme Judicial Court · 1907

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3Cited by61 opinions

  1. Bierkamp v. RogersSupreme Court of Iowa · 1980
  2. District of Columbia v. LittleCourt of Appeals for the D.C. Circuit · 1950
  3. Dickinson v. PorterSupreme Court of Iowa · 1948
  4. Bailey v. Van PeltSupreme Court of Florida · 1919
  5. Lee Enterprises, Inc v. Iowa State Tax CommissionSupreme Court of Iowa · 1968

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