Brennan v. Roberts
Supreme Court of Iowa
The plaintiff was enjoined January 17, 1902, from selling intoxicating liquors or keeping the same for sale on premises described as “ 303 East Main street,” in the city of Ottumwa, “ except such sales are made in strict accordance with the mulct law.”
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The plaintiff was enjoined January 17, 1902, from selling intoxicating liquors or keeping the same for sale on premises described as “ 303 East Main street,” in the city of Ottumwa, “ except such sales are made in strict accordance with the mulct law.” On information that the plaintiff had violated the terms of decree, presented July 14, 1903, the defendant issued a warrant requiring him to be brought before him July 21st following, which was done, and upon hearing the plaintiff was found guilty, and required to pay a fine of $400. To test the validity of the proceedings, a writ of certiorm’i…
1Opinion of the CourtLadd, J.
The information filed with the judge accused the plaintiff of- having violated the injunction, describing it, but omitted to set out a copy of the decree. This was not required. Section 2407 of the Code, rather than section 4372, prescribes the procedure in such a case. See McGlasson v. Scott, 112 Iowa, 289.
II. The information accused plaintiff of selling after ten o’clock, Sundays, and legal holidays. A motion that informant be required to state the particular days when this happened Was overruled. If the ruling should have been the other way, the error, if any, was without prejudice, as the…
2Cases cited9 opinions
- Dickinson v. EichornSupreme Court of Iowa · 1889
- McGlasson v. ScottSupreme Court of Iowa · 1900
- Reithmiller v. PeopleMichigan Supreme Court · 1880
- People v. AckermanMichigan Supreme Court · 1890
- Carter v. BartelSupreme Court of Iowa · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Gunn v. Mahaska CountySupreme Court of Iowa · 1912
- Dermedy v. JacksonSupreme Court of Iowa · 1910
- Beatty v. RobertsSupreme Court of Iowa · 1904
- State Ex Rel. Seeburger v. TalaricoSupreme Court of Iowa · 1926
- Batten v. Snearly Bros.Supreme Court of Iowa · 1915