Legal Opinion · Dissent

Sawyer v. Frank

Supreme Court of Iowa

Decided June 10, 1911Published

Appeal from Woodbury District Court. — Hon. Frank E. Gaynor, Judge. In an action to enjoin the maintenance by defendant Frank .of a liquor nuisance on premises belonging to defendant Bichardson, with the knowledge of the latter, there was a decree for defendants, and from this decree the plaintiff appeals.

1DissentDeemer, J.

(dissenting). — I can not agree to the conclusion that defendant is shown by the record to have been maintaining a liquor nuisance, and I think a wrong construction has been put upon the provisions of our Code, particularly upon section 2382, which is set forth in the opinion. That we may have the exact question before us, I here quote the material parts of the section upon which the majority rely: “No one by himself ... or employee . . . shall for himself or any person else, directly or indirectly or upon any pretense or by any device, manufacture, sell, exchange, barter, dispense, give in…

2Cases cited5 opinions

  1. Bonds v. StateSupreme Court of Alabama · 1900
  2. Maxwell v. StateSupreme Court of Alabama · 1903
  3. Johnson v. ChattanoogaTennessee Supreme Court · 1896
  4. Maples v. StateSupreme Court of Alabama · 1900
  5. State v. SmithSupreme Court of Iowa · 1907

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