Kraft v. City of Keokuk
Supreme Court of Iowa
Appeal from Lee District Court. On the 6th day of July, 1857, the plaintiff applied for and obtained a license from the defendant to sell spiritous and intoxicating liquors for six months, ending on the 6th day of January, 1858. This license was granted agreeably to the provisions of an ordinance of the city, founded upon an act of the General Assembly, approved January 29th, 1857, and duly accepted and ratified by a majority of the legal voters of the county.
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Appeal from Lee District Court. On the 6th day of July, 1857, the plaintiff applied for and obtained a license from the defendant to sell spiritous and intoxicating liquors for six months, ending on the 6th day of January, 1858. This license was granted agreeably to the provisions of an ordinance of the city, founded upon an act of the General Assembly, approved January 29th, 1857, and duly accepted and ratified by a majority of the legal voters of the county. Afterwards, on the 25th of January, 1858, the Supreme Court of this state pronounced the act of the General Assembly aforesaid…
1Opinion of the CourtLowe, J.
The decision of the court below is affirmed, both upon authority and- principle. The claim is based upon no charge of fraud, duress, deceit, or even mistake of fact, but is founded alone upon the idea of a mistake in law, unsupported by any principle of conscience, equity or morality; in other words, that the plaintiff was ignorant that the act of the legislature referred to was inoperative and void when he paid to the city of Keokuk the $200 aforesaid, for the privilege of vending intoxicating liquors for the term of six months. The law does not permit him to allege this ignorance, and make…
2Cited by13 opinions
- State v. YoungSupreme Court of Iowa · 1907
- Evans v. Hughes CountySouth Dakota Supreme Court · 1892
- Brown v. Inhabitants of NahantMassachusetts Supreme Judicial Court · 1913
- Dubuque & Sioux City R. Co. v. Board of SupervisorsSupreme Court of Iowa · 1874
- Painter v. Polk CountySupreme Court of Iowa · 1890
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