State v. C. C. Taft Co.
Supreme Court of Iowa
Appeal from Pollc District Court. — Charles Hutchinson, Judge. A search warrant was issued under the authority of the district court-of Polk County, directed to the sheriff, under which, on. April 28, 1917, he seized a quantity of cigarettes.
Read the full summary
Appeal from Pollc District Court. — Charles Hutchinson, Judge. A search warrant was issued under the authority of the district court-of Polk County, directed to the sheriff, under which, on. April 28, 1917, he seized a quantity of cigarettes. The defendant, appellant, appeared, and claimed the ownership of the property, and asked the release of the same on the ground that the cigarettes were contained in the original packages, and had not lost their identity as interstate commerce; and were, therefore, not subject to seizure under the state law. After a hearing, the court ordered the…
1DissentSalinger, J.
(dissenting). — It is agreed there was a time when the appellant had the right to sell the cigarettes seized in this proceeding in the original packages in which it had imported them; conceded that, at one time, no law of this state gave the right to seize these goods, and this for the reason that they were protected by the interstate commerce clause of the Federal Constitution. See State v. Eckenrode, 148 Iowa 173; McGregor v. Cone, 104 Iowa 465; Leisy v. Hardin, 135 U. S. 100 (10 Sup. Ct. Rep. 681, at 689); Low v. Austin, 80 U. S. 29. This immunity still exists, unless the importer has done…
2Cases cited6 opinions
- Coe v. ErrolSupreme Court of the United States · 1886
- Leisy v. HardinSupreme Court of the United States · 1890
- Low v. AustinSupreme Court of the United States · 1872
- McGregor v. ConeSupreme Court of Iowa · 1898
- State v. EckenrodeSupreme Court of Iowa · 1910
1 more not listed; retrieve them via the Exa API.