Legal Opinion

Berner v. McHenry

Supreme Court of Iowa

Decided March 17, 1915PublishedCited by 3 opinions

Certiorari from Polk District Court. — Hon. William McHenry, Judge. Plaintiff was found guilty of the violation of a liquor injunction, and a fine of $200.00 was imposed. He brings the case here by certiorari. The petition is dismissed, and the judgment —

1Opinion of the CourtPreston, J.

1. Intoxicating liquors : permit holder: malt liquor: beverage. — Plaintiff is the proprietor of a drug store in Des Moines and is a registered pharmacist. He is charged with, and admitted, selling Pabst Extract. He did not claim to be operating under the now defunct mulct law.

Witnesses purchased a bottle of the extract from plaintiff’s clerk, for which they paid twenty-five cents. It was identified as an exhibit and offered in. evidence. The label thereon was also offered in evidence. It is as follows:

“Pabst Extract. The best tonic. Not over five per cent alcohol. Contains 12 oz. A liquor…

2Cases cited6 opinions

  1. Sawyer v. BottiSupreme Court of Iowa · 1910
  2. State v. LafferSupreme Court of Iowa · 1874
  3. McNiel v. HoranSupreme Court of Iowa · 1912
  4. State v. GregorySupreme Court of Iowa · 1900
  5. In re HenerySupreme Court of Iowa · 1904

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Schraeder v. SearsSupreme Court of Iowa · 1921
  2. State v. SnyderSupreme Court of Iowa · 1919
  3. State v. HamiltonSupreme Court of Iowa · 1924

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