Legal Opinion

In re Moore

Supreme Court of Iowa

Decided December 17, 1908Published

Appeal from Calhoun District Court. — Hon. F. M.. Powers, Judge. On the hearing of an application by H. O. Moore, a registered pharmacist, for a permit to buy, keep and sell intoxicating liquors, which was resisted by residents of 'the county filing remonstrances, the court found that notice of the application had been properly given, and that the allegations of the applicant as to his qualifications were sustained by the evidence, and further that the reasonable convenience…

Read the full summary

Appeal from Calhoun District Court. — Hon. F. M.. Powers, Judge. On the hearing of an application by H. O. Moore, a registered pharmacist, for a permit to buy, keep and sell intoxicating liquors, which was resisted by residents of 'the county filing remonstrances, the court found that notice of the application had been properly given, and that the allegations of the applicant as to his qualifications were sustained by the evidence, and further that the reasonable convenience and necessities of the people, considering the population and all the surroundings, made the granting of _ a permit…

1Opinion of the CourtMcClain, J.

— The question whether “the" reasonable convenience and necessities of the people, considering the population and all the surroundings, make the granting of the permit proper” (Code, section 2889) is one to be determined by the trial court under the evidence, in the exercise of a sound discretion and judgment, and if it does not appear from the record that such discretion has been abused, the finding of the court hearing the application should be sustained. In re Application of Henery, 124 Iowa, 858. While there may properly be said to have been some question as to the necessity of granting…

2Cases cited1 opinion

  1. In re SmithSupreme Court of Iowa · 1904

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API