Monty v. Arneson
Supreme Court of Iowa
Appeal from Winneshieh District Court. Action of replevin for certain intoxicating liquors, and tlie vessel containing the same, taken by defendant on an execution against one Cleghorn. The petition avers that the absolute property in the things replevied, and the right of possession thereof, are in plaintiff, and contains other necessary allegations showing his right to recover.
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Appeal from Winneshieh District Court. Action of replevin for certain intoxicating liquors, and tlie vessel containing the same, taken by defendant on an execution against one Cleghorn. The petition avers that the absolute property in the things replevied, and the right of possession thereof, are in plaintiff, and contains other necessary allegations showing his right to recover. The answer denies the averments of the petition, and, as a further defense, sets out that Cleghorn was the owner of the property replevied, which was held by him or defendant to be sold in violation of law. Trial by…
1Opinion of the CourtBeck, J.
i. intoxicarepTevSof”' The only point in this case necessary to be determined, is the one arising upon the construction of section 1571 of the Revision, or rather a 'clause of that section, which is in the following words : “ Nor shall any action be maintained for the recovery or possession of any intoxicating liquors, or the value thereof, except in cases where persons owning or *385possessing such liquor, with lawful intent, may have been illegally deprived of the same.” The defendant contends, that, inasmuch as the liquor was kept by plaintiff with the intent of selling the same in violation…
2Cases cited1 opinion
- State v. MaySupreme Court of Iowa · 1866
3Cited by8 opinions
- Board of Police Commissioners v. WagnerCourt of Appeals of Maryland · 1901
- Pearson v. International DistillerySupreme Court of Iowa · 1887
- F. P. Gluck Co. v. ThermeSupreme Court of Iowa · 1912
- Houston v. WaltonColorado Court of Appeals · 1912
- Fries & Co. v. PorchSupreme Court of Iowa · 1878
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