Legal Opinion

Lingelbach v. Hobson

Supreme Court of Iowa

Decided May 8, 1906PublishedCited by 2 opinions

On the 13th day of February, 1905, the plaintiff was permanently enjoined from illegal selling or keeping for sale intoxicating liquors within the Thirteenth judicial district of Iowa. Information charging him with the violation of this injunction was filed November 3d of the same year, and upon hearing he was adjudged guilty of contempt of court and fined. To test the legality of these proceedings he has sued out a writ of certiorari in this court.

1Opinion of the CourtLadd, J.

The information accused plaintiff of keeping a place in Oelwein wherein intoxicating liquors were illegally sold and kept for illegal sale, and that such place had been kept open after ten o’clock p. m. during week days, open on Sunday, and that the view of the bar from the street had been obstructed by plants and signs at divers times. The plaintiff answered that the mulct law was at all times in force in Oelwein and with it he had fully complied. It is conceded that the evidence fails to show that defendant’s place of business was opened on Sunday.

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2Cases cited13 opinions

  1. People v. WaldvogelMichigan Supreme Court · 1882
  2. Kroer v. PeopleIllinois Supreme Court · 1875
  3. People v. BlakeMichigan Supreme Court · 1884
  4. Klug v. StateSupreme Court of Georgia · 1886
  5. Carter v. BartelSupreme Court of Iowa · 1900

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3Cited by2 opinions

  1. Zeke Coffee, Inc. v. Pappas-Alstad PartnershipColorado Court of Appeals · 2015
  2. Story County v. HansenSupreme Court of Iowa · 1916

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