State v. Taggart
Supreme Court of Iowa
Appeal from Black Hawk District Court. — Chas, W. Mullan, Judge. Certain intoxicating liquors were seized by a constable, under a search warrant issued by a justice of the peace, and removed from the premises of the Hugh Taggart Drug Store, in Waterloo, Iowa.
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Appeal from Black Hawk District Court. — Chas, W. Mullan, Judge. Certain intoxicating liquors were seized by a constable, under a search warrant issued by a justice of the peace, and removed from the premises of the Hugh Taggart Drug Store, in Waterloo, Iowa. At the time fixed by the notice required to be given of. the hearing by Section 2415 of the Supplemental Supplement to the Code, 1915, Taggart appeared, and claimed to be the owner of the liquor seized, and that same was not kept by him for illegal sale. A trial was had to a jury, resulting in a verdict that the liquors were not kept for…
1Opinion of the CourtStevens, J.
I. No irregularities in the proceedings before the justice are charged. The State bases its right to appeal upon the following provision of Section 2, Chapter 322, Acts of the Thirty-seventh General Assembly, to wit:
“In any such proceeding where the judgment is against *249the state, it shall have the same right of appeal to the district court, except that no bond shall be required, and if an appeal be taken by the state, the same shall operate as a stay of proceedings and the liquors seized under the warrant shall not be returned to any claimant thereof until, upon the final determination of…
2Cases cited23 opinions
- Mallett v. North CarolinaSupreme Court of the United States · 1901
- Watson v. MercerSupreme Court of the United States · 1834
- CARPENTER v. Commonwealth of PennsylvaniaSupreme Court of the United States · 1855
- Origet v. United StatesSupreme Court of the United States · 1888
- Jones v. MouldSupreme Court of Iowa · 1911
18 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. WitteWisconsin Supreme Court · 1943
- Dressler v. Iowa Department of TransportationSupreme Court of Iowa · 1996
- Hills v. Iowa Department of Transportation & Motor Vehicle DivisionSupreme Court of Iowa · 1995
- In the Interest of PonxSupreme Court of Iowa · 1979
- State v. One Certain AutomobileSupreme Court of Iowa · 1946
3 more not listed; retrieve them via the Exa API.