Weir v. Allen
Supreme Court of Iowa
Appeal from Muscatine District Oowrt. Action in equity. The petition states the plaintiffs are the “owners of certain liquors, barrels and vessels containing the same, described in suits of replevin” commenced and pending in the District Court of Muscatine county. “ That petitioners are engaged in the business of keeping saloon, and as such had liquors in their possession.”
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Appeal from Muscatine District Oowrt. Action in equity. The petition states the plaintiffs are the “owners of certain liquors, barrels and vessels containing the same, described in suits of replevin” commenced and pending in the District Court of Muscatine county. “ That petitioners are engaged in the business of keeping saloon, and as such had liquors in their possession.” That the defendant, “ ITunnul, as constable, seized said liquors and vessels containing the same, upon warrants issued by defendant, "Williams, who is police judge of the city of Muscatine, which warrants were issued on…
1Opinion of the Court
Seevebs, J".
I. If the replevin proceedings were legal, and the liquors thereunder legally seized and taken from the constable, in whose possession they were by virtue of the criminal proceedings before the police justice, then it is possible, and it may be conceded, that plaintiffs are entitled to the aid of a *484court of equity, to restrain the defendants from proceeding with said criminal action, until the right of the plaintiffs to seize the liquors in the replevin suits was determined. That the proceedings before the police justice were in their nature criminal, was determined in The State…
2Cases cited4 opinions
- Funk & Hardman v. IsraelSupreme Court of Iowa · 1858
- State v. HarrisSupreme Court of Iowa · 1874
- State v. ThompsonSupreme Court of Iowa · 1876
- State v. Certain Intoxicating LiquorsSupreme Court of Iowa · 1874
3Cited by1 opinion
- State v. TaggartSupreme Court of Iowa · 1919