Bailey v. Town of Paullina
Supreme Court of Iowa
Appeal from O’Brien Oi/reuit Court. Action 'to recover the amount of a fine and costs imposed by the mayor of defendant, under an invalid ordinance, upon plaintiff’s assignor, the fine and costs having been paid by the assignor. The action was brought before a justice of the peace, where a demurrer to plaintiff’s petition was overruled. Upon a writ of error the circuit court decided differently. Plaintiff appeals.
1Opinion of the CourtBeck, J.
1. The amount in controversy being less than $100, the cause was sent here upon the certificate of the judge of the circuit court, stating the question for our decision in the following language: “P., an incorporated town, passed an ordinance prohibiting the sale of all kinds of intoxicating liquors, including whisky, which ordinance was void. S. was arrested for violating said ordinance by the sale of whisky; and, when arraigned before the mayor of said town, pleaded not guilty to the charge of violating said ordinance, but did not plead or raise the question that the ordinance under which…
2Cases cited1 opinion
- Kraft v. City of KeokukSupreme Court of Iowa · 1862
3Cited by8 opinions
- Houtz v. Board of CommissionersWyoming Supreme Court · 1902
- New York Life Insurance v. Chittenden & EastmanSupreme Court of Iowa · 1907
- Harrington v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- Blumenthal v. United StatesDistrict Court, S.D. California · 1925
- McDonald v. SowellSupreme Court of Georgia · 1907
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