Legal Opinion

League v. Ehmke

Supreme Court of Iowa

Decided May 18, 1903PublishedCited by 9 opinions

Appeal from Pottawattamie District Court. — HoN. W. R. GREEN, Judge. ActioN by a married woman to recover damages, both actual and exemplary, on account of injuries received by reason of the sale of intoxicating liquors by defendant to her husband. Verdict for plaintiff; and from judgment thereon, defendant appeals.

1Opinion of the CourtMcClain, J.

In presenting the issues to the jury the trial court did not instruct with reference to a defense interposed in the answer that defendant, at the time of the alleged sales to plaintiff’s husband, was carrying on the business of selling liquor under the provisions of the mulct law, and the failure to present this defense to the jury is assigned as error. The civil liability provisions of the intoxicating liquor law were first enacted in 1862 as chapter 47, page 50, of the Acts of the Ninth General Assembly, and remained unchanged until the adoption of the present Code in 3897, being section…

2Cases cited11 opinions

  1. Welch v. JugenheimerSupreme Court of Iowa · 1881
  2. Woolheather v. RisleySupreme Court of Iowa · 1874
  3. State v. VanVlietSupreme Court of Iowa · 1894
  4. Ritchie v. ZaleskySupreme Court of Iowa · 1896
  5. State v. DonahueSupreme Court of Iowa · 1903

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

3Cited by9 opinions

  1. Walton v. StokesSupreme Court of Iowa · 1978
  2. Farmers & Merchants State Bank v. ShafferSupreme Court of Iowa · 1915
  3. Knott v. PetersonSupreme Court of Iowa · 1904
  4. Henry v. HenrySupreme Court of Iowa · 1922
  5. Johnson Service Co. v. HamiltonSupreme Court of Iowa · 1938

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

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