Abbott v. Sartori
Supreme Court of Iowa
Appeal from Black Hawk District Court. The plaintiff alleges in liis petition that permission to buy and sell intoxicating liquors for the term of twelve months> within Blade, Ilawlc county, as provided by chapter 6, title XI of the Code, was by the board of supervisors of said county, on the 9th day of January, 1879, granted, and on the SGth day of January, 1879, issued to the defendant Anton Sartori, and that he as principal, with other parties named, as sureties, executed…
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Appeal from Black Hawk District Court. The plaintiff alleges in liis petition that permission to buy and sell intoxicating liquors for the term of twelve months> within Blade, Ilawlc county, as provided by chapter 6, title XI of the Code, was by the board of supervisors of said county, on the 9th day of January, 1879, granted, and on the SGth day of January, 1879, issued to the defendant Anton Sartori, and that he as principal, with other parties named, as sureties, executed a bond; to said county for the use of the school fund, in compliance with the requiremerts of the statute, for the sum…
1Opinion of the CourtDay, J.
I. The first point presented in the demurrer, and insisted upon in argument, is that the defendant does not in his answer so confess the facts, averred in the petition, as to permit him to plead matters in avoidance. It is insisted that the defendant does not admit that he executed a bond or sold un*658der a permit. The first count of the petition avers: “That the defendant at said county and State, from the 1st until the 22d day of February, 1870, under and by virtue of said permit, did engage in, and continue .the sale at retail, of intoxicating liquors, and did then and there sell to divex-s…
2Cases cited6 opinions
- People v. CookNew York Supreme Court · 1852
- People v. AllenNew York Supreme Court · 1831
- Pond v. NegusMassachusetts Supreme Judicial Court · 1807
- Hurford v. City of OmahaNebraska Supreme Court · 1876
- Dawson v. . the PeopleNew York Court of Appeals · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State ex rel. Pearson v. McEnteeSupreme Court of Iowa · 1886
- State ex rel. Braden v. ChamberlinSupreme Court of Iowa · 1888