McCollum v. McConaughy
Supreme Court of Iowa
Appeal from Washington District Court. — Hon. B. W. Preston, Judge. Action in equity to enjoin the defendant from continuing . to maintain a place for carrying on the business of soliciting, talcing and accepting orders for the purchase, sale and shipment of intoxicating liquors for and on behalf of a corporation located in Kentucky, thereby creating and maintaining a nuisance.
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Appeal from Washington District Court. — Hon. B. W. Preston, Judge. Action in equity to enjoin the defendant from continuing . to maintain a place for carrying on the business of soliciting, talcing and accepting orders for the purchase, sale and shipment of intoxicating liquors for and on behalf of a corporation located in Kentucky, thereby creating and maintaining a nuisance. A demurrer to the petition was overruled, and defendant elected to stand upon his demurrer, and refused to plead further, whereupon the court entered a decree as prayed, and defendant appeals. —
1Opinion of the Court
McClain, J. —
The acts which defendant was enjoined from committing or continuing were acts in violation of the provision of Code, section 2382, as amended by Acts 28th General Assembly, chapter 74 (Code Supp. 1907, section 2382), prohibiting any person from soliciting, taking, or accepting “any order for the purchase, sale, shipment or delivery of any [intoxicating] liquors”; and the sole question presented is as to the constitutionality of the statutory provision as applied to one who solicits orders for intoxicating liquors as the agent of a resident of another State, which orders are to be…
2Cases cited6 opinions
- In Re RahrerSupreme Court of the United States · 1891
- Delamater v. South DakotaSupreme Court of the United States · 1907
- Allison v. CorkerSupreme Court of New Jersey · 1902
- Blair v. OstranderSupreme Court of Iowa · 1899
- State v. HanaphySupreme Court of Iowa · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State Ex Rel. Moore v. MolpusMississippi Supreme Court · 1991
- Warring v. ColpoysCourt of Appeals for the D.C. Circuit · 1941
- People ex rel. Attorney General v. CassidaySupreme Court of Colorado · 1911
- State v. O'NeilSupreme Court of Iowa · 1910
- Iowa-Illinois Gas & Electric Co. v. City of Fort DodgeSupreme Court of Iowa · 1957
17 more not listed; retrieve them via the Exa API.