Legal Opinion

O'Brien v. Putney

Supreme Court of Iowa

Decided December 16, 1880PublishedCited by 6 opinions

Appeal from Fremont District Cowl. The defendant M. A. Putney commenced an action in the Fremont District-Court by filing her petition therein on the 7th day of August, 1877, in which she claimed damages against one Wilson and one Quigiy for the unlawful sale of intoxicating liquors to her husband. October 5,1877, judgment was rendered .against Qu’igly in the Fremont District Court.

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Appeal from Fremont District Cowl. The defendant M. A. Putney commenced an action in the Fremont District-Court by filing her petition therein on the 7th day of August, 1877, in which she claimed damages against one Wilson and one Quigiy for the unlawful sale of intoxicating liquors to her husband. October 5,1877, judgment was rendered .against Qu’igly in the Fremont District Court. The venue, on the motion of Wilson and O’Brien, was changed to the Mills District Court, where, judgment was recovered against Wilson. Afterward the venue on the motion of O’Brien was changed to the Crawford…

1Opinion of the CourtRothrock, J.

i. lis pbntion affecting real action for sale ofintoxicatmg liquors. Some question is made as to the sufficiency of the' injunction bond, and as 'to the proper venue of the action, but as in our opinion the cause must be determined upon the question as to the plaintiff’s estate. '. . right to the mi unction upon a bond in anv ° . J , amount, or m any jurisdiction, these minor questions need not be determined.

We will at once proceed to consider the important, and as it appears to us decisive, question in the ease. It is this: Is the title of the plaintiff, being a purchaser of the property in…

2Cases cited4 opinions

  1. La France v. KrayerSupreme Court of Iowa · 1875
  2. Loan v. HineySupreme Court of Iowa · 1880
  3. Goodenough v. McCoidSupreme Court of Iowa · 1876
  4. Tugel v. TugelSupreme Court of Iowa · 1874

3Cited by6 opinions

  1. Highley v. DeaneIllinois Supreme Court · 1897
  2. Corey v. ShermanSupreme Court of Iowa · 1895
  3. Mcclure v. BraniffSupreme Court of Iowa · 1888
  4. McVey v. ManattSupreme Court of Iowa · 1890
  5. Dalton v. ZimmerAppellate Court of Illinois · 1907

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