Walker v. Shook
Supreme Court of Iowa
Appeal from Appanoose Circuit Cou/rt. AN information was filed before a justice of the peace charging that the plaintiff kept and sold intoxicating liquors contrary to law. A warrant was issued, and placed in the hands of the defendant Shook, who was marshal of the town of Moulton. Under and by virtue of the warrant the said defendant seized certain intoxicating liquors, which he claims to have stored in a proper place. But this was a controverted question on the trial.
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Appeal from Appanoose Circuit Cou/rt. AN information was filed before a justice of the peace charging that the plaintiff kept and sold intoxicating liquors contrary to law. A warrant was issued, and placed in the hands of the defendant Shook, who was marshal of the town of Moulton. Under and by virtue of the warrant the said defendant seized certain intoxicating liquors, which he claims to have stored in a proper place. But this was a controverted question on the trial. From the judgment rendered by the justice an appeal was taken by the plaintiff to the District Court, and at the hearing in…
1Opinion of the CourtServers, J.
1. intoxicating liqours: action for damages: barden of proof. The amount involved, as shown by the pleadings, being less than one hundred dollars, the trial judge, as is required by a rule of this court, has certified the questions of law “upon which it is desirable to have the opinion of the Supreme Court,” among which questions is the following: “Is it necessary, as a matter of law, for the plaintiff in this action to allege in his petition that the liquors were kept for a lawful purpose, and hot for sale contrary to law. ”
It is provided by statute “ *' * * nor shall any action be…
2Cases cited1 opinion
- Sommer v. CateSupreme Court of Iowa · 1867
3Cited by4 opinions
- Mechanics' Ins. Co. of Philadelphia v. C. A. Hoover Distilling Co.Court of Appeals for the Eighth Circuit · 1910
- Houston v. WaltonColorado Court of Appeals · 1912
- McMillan v. TarashanskySupreme Court of Iowa · 1918
- Houston v. WaltonColorado Court of Appeals · 1912