Legal Opinion

Cox v. Burnham

Supreme Court of Iowa

Decided April 10, 1903PublishedCited by 3 opinions

CebtioRARI proceedings, originally brought in this court by petition filed October 15, 1902. The plaintiff is a resident and citizen of Benton county, and the defendant is one of the judges of the Seventeenth Judicial District, which includes Benton county. A writ was issued in accordance with the prayer of the petition, to which writ a return has been made as 'required by law.

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CebtioRARI proceedings, originally brought in this court by petition filed October 15, 1902. The plaintiff is a resident and citizen of Benton county, and the defendant is one of the judges of the Seventeenth Judicial District, which includes Benton county. A writ was issued in accordance with the prayer of the petition, to which writ a return has been made as 'required by law. The cause was submitted at the present term upon the facts as shown by the return thus made, together with the arguments of the respective counsel. By the return it is made to appear that on March 2, 1901, one P. EL.…

1Opinion of the Court

Bishop, O. J.

It is the contention of plaintiff that defendant was without jurisdiction to act in the premises, and this contention is made to rest solely upon the fact that the application was heard and order made at a term subsequent to that to which the proceeding was brought. This brings us directly to a consideration of the statutes bearing upon the subject of granting liquor permits to pharmacists. Section 2387 of the Code, among other things, requires the application to be by petition, to be filed in the clerk’s office at least ten days before tbe term at which the matter is to be for…

2Cases cited5 opinions

  1. McCue v. County of WapelloSupreme Court of Iowa · 1881
  2. State v. ShermanSupreme Court of Iowa · 1877
  3. Glass v. City of Cedar RapidsSupreme Court of Iowa · 1885
  4. Brown v. LewisSupreme Court of Iowa · 1888
  5. Wheelock v. Madison CountySupreme Court of Iowa · 1888

3Cited by3 opinions

  1. State ex inf. Harvey v. Missouri Athletic ClubSupreme Court of Missouri · 1914
  2. Evans v. ElwoodSupreme Court of Iowa · 1904
  3. State v. MatthesSupreme Court of Iowa · 1930

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