Town of Neola v. Reichart
Supreme Court of Iowa
Appeal from, Pottawattamie District Court.— Hon. W. R. Green, Judge. The evidence indicated that the defendant and several others were in Steffen’s saloon; that he and Foley were jollying each other, when the latter playfully threw his arms around defendant’s neck and offered to kiss him, and accidentally knocked his hat off; that defendant remarked that he “ was no d-n fool,” and, as Foley was about to apologize, called for drinks, and struck at Foley twice, missing him…
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Appeal from, Pottawattamie District Court.— Hon. W. R. Green, Judge. The evidence indicated that the defendant and several others were in Steffen’s saloon; that he and Foley were jollying each other, when the latter playfully threw his arms around defendant’s neck and offered to kiss him, and accidentally knocked his hat off; that defendant remarked that he “ was no d-n fool,” and, as Foley was about to apologize, called for drinks, and struck at Foley twice, missing him about four feet. Thereupon Foley threw defendant to the floor and demanded that he admit that he had enough, whereupon the…
1Opinion of the Court
Ladd, J.—
1 breach op the peace. The evidence shows conclusively that the defendant, if guilty at all, was guilty of an assault, or- of an assault and battery, or of engaging in a fight or an affray, ot making use of blasphemous language. These were denounced by sections 11 and 12 of the ordinance of the incorporate town of Neola, and the same penalties provided as are fixed by statutes of the State defining the same offenses. See Code, sections 4774, 5029, 5033, 5034. The trial court must have held that the enactment of such an ordinance was an excess of the powers conferred on a city or…
2Cases cited33 opinions
- Moore v. IllinoisSupreme Court of the United States · 1852
- McInerney v. City of DenverSupreme Court of Colorado · 1892
- Thelsen v. McDavidSupreme Court of Florida · 1894
- Mayor v. AllaireSupreme Court of Alabama · 1848
- State ex. rel. Curtis v. City of TopekaSupreme Court of Kansas · 1886
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3Cited by17 opinions
- United States v. BridgemanCourt of Appeals for the D.C. Circuit · 1975
- City of Kansas City v. HenreSupreme Court of Kansas · 1915
- Delk v. CommonwealthCourt of Appeals of Kentucky · 1915
- City of Des Moines v. ReiterSupreme Court of Iowa · 1960
- State v. RothSupreme Court of Iowa · 1913
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