Town of Decorah v. Dunstan Bros.
Supreme Court of Iowa
Appeal from Winneshiek District Gov/rt. Tt-tts action was brought to recover a penalty prescribed by an ordinance of the town of Decorah for the sale of goods at auction by non-residents within said town, without first obtaining a license therefor.
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Appeal from Winneshiek District Gov/rt. Tt-tts action was brought to recover a penalty prescribed by an ordinance of the town of Decorah for the sale of goods at auction by non-residents within said town, without first obtaining a license therefor. The defendants, for answer, set up that they were duly licensed; and further, that the ordinance was obtained, by fraud, was not duly passed or put in force, was in conflict with the constitution, and was void as being unreasonable, in restraint of trade, and as tending to prohibit, rather than license transient merchants. There was a jury trial;…
1Opinion of the CourtCole, J.
— I. Upon the trial the plaintiff introduced in evidence the charter of The Town of Decorah, and also an amendment thereto; and then offered in evidence an ordinance of said town adopted August 7, 1866, and also an amendment *97to it, adopted December 12, 1870. The defendant objected to the admitting of these ordinances in evidence, and specified thirteen grounds of objection. These involve the validity of the ordinances, and the time of the taking of the amendment, and may all be disposed of under one head.
There are four suits for penalties incurred on successive days, the first being on…
2Cases cited3 opinions
- Clark v. Mayor, Aldermen, and Common Council of WashingtonSupreme Court of the United States · 1827
- City of Burlington v. Putnam InsuranceSupreme Court of Iowa · 1870
- State v. HerodSupreme Court of Iowa · 1870
3Cited by8 opinions
- Huston v. City of Des MoinesSupreme Court of Iowa · 1916
- City of Ottumwa v. ZekindSupreme Court of Iowa · 1895
- Larkin v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1892
- Greater New York Athletic Club v. WursterNew York Supreme Court · 1897
- Village of Minneota v. MartinSupreme Court of Minnesota · 1914
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