Legal Opinion

State v. Bowman

Supreme Court of Iowa

Decided February 11, 1890PublishedCited by 3 opinions

Appeal from Marshall District Court. — Hon. John L. Stevens, Judge. This is an action for an injunction to restrain and enjoin the defendants from maintaining and carrying on an alleged nuisance by the illegal sale of intoxicating liquors. A temporary injunction was ordered, and, pending the action, an information was filed charging the defendants with violating the same.

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Appeal from Marshall District Court. — Hon. John L. Stevens, Judge. This is an action for an injunction to restrain and enjoin the defendants from maintaining and carrying on an alleged nuisance by the illegal sale of intoxicating liquors. A temporary injunction was ordered, and, pending the action, an information was filed charging the defendants with violating the same. The cause was tried, upon its merits, and at the same time the information for violation of the injunction was heard. The injunction was made perpetual, and the defendant John A. Bowman was ordered to pay a fine of five…

1Opinion of the CourtRothrock, C. J.

I. It appears from the pleadings and evidence that the liquor sold by defendants was purchased in Chicago, Illinois; that it was shipped to Marshalltown, Iowa, in boxes; and that the boxes, with their contents, were sold without any change being made in the boxes or packages. The defendants claim, that, as the sales were made in the original packages, just as they were when imported into the state, the defendants were not guilty of the violation of any law. This question was considered by this court, and determined in the case of Collins v. Hills, 77 Iowa, 181, and in Leisey v. Hardin, 78…

2Cases cited3 opinions

  1. Collins v. HillsSupreme Court of Iowa · 1889
  2. State v. ZimmermanSupreme Court of Iowa · 1889
  3. Leisy & Co. v. HardinSupreme Court of Iowa · 1889

3Cited by3 opinions

  1. State ex rel. Hoefs v. District CourtSupreme Court of Minnesota · 1911
  2. Rodgers v. PittU.S. Circuit Court for the District of Nevada · 1898
  3. State v. StevensonSupreme Court of Iowa · 1897

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