Legal Opinion

State v. Vail

Supreme Court of Iowa

Decided April 26, 1880PublishedCited by 7 opinions

Appeal from, JDardm District Oourt. An information was filed before a justice of the peace, charging that the defendant sold ale, beer,' porter and mixed liquors contrary to the statutes of Iowa, and ordinances of the incorporated town of Eldora. Tbe defendant was found guilty by tbe justice, and judgment rendered against him. Whereupon be appealed to the District Court, where there was a trial, and from the judgment the State appeals.

1Opinion of the CourtSeevers, J.

1. MTJMTCIPAr, o°a?nancel'3: validity oi The District Court found the defendant guilty, as charged in the information, but arrested the judgment and discharged him, on the ground that ordinance No. O ' ° - ^ the incorporated town of Eldora was void, Jbe correctness of this ruling is the only question before us. The ordinance was enacted, if at all, before chapter nine of the laws of the Seventeenth General Assembly took effect, and, therefore, the question before us must be determined under statutes in force previous to its passage.

Section 511 of the Code provides that the corporate authority…

2Cases cited1 opinion

  1. Horner v. RowleySupreme Court of Iowa · 1879

3Cited by7 opinions

  1. Rutherford v. HamiltonSupreme Court of Missouri · 1888
  2. Markham v. City of AnamosaSupreme Court of Iowa · 1904
  3. Harrold v. City of HuntingtonWest Virginia Supreme Court · 1914
  4. State Ex Rel. Ball v. State Board of HealthSupreme Court of Missouri · 1930
  5. Lewick v. GlazierMichigan Supreme Court · 1898

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