O'Brien County v. Mahon
Supreme Court of Iowa
Appeal from, O’Brien District Court.— HoN. Johh F. Oliver, Judge. ActioN to recover a mulct tax from the sureties on the bond of one Mahon, who was engaged in conducting a saloon in the town of Sanborn, in O’Brien county.
Read the full summary
Appeal from, O’Brien District Court.— HoN. Johh F. Oliver, Judge. ActioN to recover a mulct tax from the sureties on the bond of one Mahon, who was engaged in conducting a saloon in the town of Sanborn, in O’Brien county. The bonding and trust company interposed various defenses, to some of which we shall refer during the course of the opinion; and it also pleaded what it called a cross-petition in equity agaiiist Mahon, Henry Gund, and the John Gund Brewing Company, wherein it asked that, if plaintiff obtained judgment against it, the amount thereof be declared a lien upon the property…
1Opinion of the Court
Deemer, J.—
The pleadings are very voluminous and complicated, covering more' than 20 printed pages of the abstract, and we shall not attempt to set them out in extenso. The case was tried upon an agreed statement of facts, which, so far as material, are as follows: Bernhard I. Mahon was conducting a saloon under the so-called “ Mulct Law ” at San-born, in the county of O’Brien, during the year 1901, and on April 15th of that year he filed a bond with the Bonding and Trust company as sureties, conditioned that he (Mahon) “ should faithfully observe and comply with all the provisions of the…
2Cases cited11 opinions
- Whitehouse v. American Surety Co.Supreme Court of Iowa · 1902
- State v. ProutySupreme Court of Iowa · 1900
- Potter v. State ex rel. ThompsonIndiana Supreme Court · 1864
- Marshall County v. KnollSupreme Court of Iowa · 1897
- City of Davenport v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1864
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- City of Sioux City v. Tri-Angle Club, Inc.Supreme Court of Iowa · 1960
- State v. ReynoldsSouth Dakota Supreme Court · 1931