Collins v. Hills
Supreme Court of Iowa
Appeal from KeoTcuk Superior Court. — Hon. Henry Bank, Jr., Judge. This is an action in equity to enjoin the defendant from maintaining a nuisance. It is alleged in the petition that defendant kept, in a designated building in the city of Keokuk, a place in which he carried on' the business of selling intoxicating liquors in violation of the laws of this state.
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Appeal from KeoTcuk Superior Court. — Hon. Henry Bank, Jr., Judge. This is an action in equity to enjoin the defendant from maintaining a nuisance. It is alleged in the petition that defendant kept, in a designated building in the city of Keokuk, a place in which he carried on' the business of selling intoxicating liquors in violation of the laws of this state. On the hearing the superior court found that, at the time and in the place mentioned in the petition, the defendant kept certain intoxicating liquors, consisting of whiskey and beer, and that he was then engaged in the business of…
1Opinion of the CourtReed, C. J.
The distinction drawn by the superior court between the different transactions does not appear to us to rest upon any sound legal principle. The liquor was in each case put up by the manufacturer or dealer in another state, with a view to sales in that condition. The subsequent packing of the bottles in boxes and barrels was a mere matter of convenience in the sale and shipment of the property. When defendant purchased one hundred bottles of either beer or whiskey, he in effect purchased that number of packages of the article, and when he sold by the bottle the transaction was of the same…
2Cases cited3 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Thurlow v. MassachusettsSupreme Court of the United States · 1847
- Bowman v. Chicago & Northwestern Railway Co.Supreme Court of the United States · 1888
3Cited by15 opinions
- Austin v. TennesseeSupreme Court of the United States · 1900
- Capital City Insurance v. JonesSupreme Court of Alabama · 1900
- Stanton & Sons v. County of Los AngelesCalifornia Court of Appeal · 1947
- Wind v. Iler & Co.Supreme Court of Iowa · 1895
- McGregor v. ConeSupreme Court of Iowa · 1898
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