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.
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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…
1Opinion of the CourtPreston, C. J.
As to part of the cigarettes seized and described in the return of the search warrant, no claim was made by any person, and such were found by the court to be subject to condemnation and destruction. There is no contention as to such part of the property.
On the trial, it was stipulated as follows:
“It is hereby stipulated between the parties, the attorney general, representing the state of Iowa, and the counsel for the claimants, that 27 cases of cigarettes: that is, three oases of 10,000 cigarettes each, Omars; 14 cases 5,000' cigarettes each, Camels; 7 cases 5,000 cigarettes each, Fatimas; 1…
2Cases cited21 opinions
- Brown v. MarylandSupreme Court of the United States · 1827
- Coe v. ErrolSupreme Court of the United States · 1886
- Leisy v. HardinSupreme Court of the United States · 1890
- Savage v. JonesSupreme Court of the United States · 1912
- Thurlow v. MassachusettsSupreme Court of the United States · 1847
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3Cited by2 opinions
- Brosious v. Pepsi-Cola Co.Court of Appeals for the Third Circuit · 1946
- Ford Hopkins Co. v. City of Iowa CitySupreme Court of Iowa · 1932