Taylor & Co. v. Pickett
Supreme Court of Iowa
Appeal from Wapello Circuit Court'. This action was commenced in February, 1877, upon a note executed by the defendants to plaintiffs for $286.42, dated April 6 th, 1876, due in nine months. After the action was commenced the plaintiffs obtained an attachment against the property of tho defendant Evans. The defendants answered as follows: First. Both say that the nóte was given for intoxicating liquors sold to Pickett in violation of law. Second.
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Appeal from Wapello Circuit Court'. This action was commenced in February, 1877, upon a note executed by the defendants to plaintiffs for $286.42, dated April 6 th, 1876, due in nine months. After the action was commenced the plaintiffs obtained an attachment against the property of tho defendant Evans. The defendants answered as follows: First. Both say that the nóte was given for intoxicating liquors sold to Pickett in violation of law. Second. Pickett sets up the sale of intoxicating liquors to’ him at various times in 1875 and 1876, in violation of law,- and on valid promises to repay the…
1Opinion of the CourtDay, J.
— I. The defendants, in support of the allegations 'of their answer that plaintiffs had sold to the defendant Pickett intoxicating liquors in violation of law, offered in evidence an indictment found in the Mahaska Distinct Court, April 28th, 1876, charging Pickett with nuisance committed by the sale of intoxicating liquors. The plaintiffs objected to the introduction of this evidence because the indictment was found long after the note sued upon was given, and is immaterial and incompetent as evidence. The objection was overruled and the indictment was admitted in evidence, as stated in the…
2Cases cited3 opinions
- Jamison v. BurtonSupreme Court of Iowa · 1876
- Tegler & Co. v. ShipmanSupreme Court of Iowa · 1871
- Second National Bank v. CurrenSupreme Court of Iowa · 1873
3Cited by7 opinions
- Hart v. StateMississippi Supreme Court · 1905
- Shuenfeldt v. JunkermannU.S. Circuit Court for the District of Northern Iowa · 1884
- Reagan v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1914
- Service System, Inc. v. JohnsSupreme Court of Iowa · 1928
- United States v. ChevallierCourt of Appeals for the Ninth Circuit · 1901
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