Legal Opinion

State ex rel. City of Dubuque v. Leiber

Supreme Court of Iowa

Decided April 11, 1860PublishedCited by 7 opinions

Appeal from, Dubuque City Court. An information was filed against defendant for a violation of an ordinance of the City of Dubuque, entitled “An ordinance to regulate the sale and occupancy of stalls in the Central and First Ward market;” which among other things, provided “that any person who shall use or occupy any stall in the Central or First Ward market for the purpose of selling meat, poultry, fish or any other article of provision without authorty expressed in a lease…

Read the full summary

Appeal from, Dubuque City Court. An information was filed against defendant for a violation of an ordinance of the City of Dubuque, entitled “An ordinance to regulate the sale and occupancy of stalls in the Central and First Ward market;” which among other things, provided “that any person who shall use or occupy any stall in the Central or First Ward market for the purpose of selling meat, poultry, fish or any other article of provision without authorty expressed in a lease duly signed and attested, shall forfeit and pay on conviction, a fine not less then five or more than twenty dollars,…

1Opinion of the CourtLowe, C. J.

Most of the points which call for any distinct notice from this court resolve themselves into the question whether the common council of the City of Dubuque had the power under their charter to pass such an ordinance. Of this we have no doubt. We think it clearly derivable from clauses 15, 16, 20 and 27 of section 7 of an “act for revising and consolidating the laws incorporating the City of Dubuque, and to establish a City Court therein.” It is unnecessary to add any thing to what has already been said bearing upon *409this question in the case of The City of Davenport v. Kelley, 7 Iowa 102.

One…

2Cases cited1 opinion

  1. City of Davenport v. KelleySupreme Court of Iowa · 1858

3Cited by7 opinions

  1. Weldon v. Zoning Bd. of City of Des MoinesSupreme Court of Iowa · 1977
  2. Foley v. StateNebraska Supreme Court · 1894
  3. Ex parte DavisCalifornia Supreme Court · 1896
  4. Portland v. YickOregon Supreme Court · 1904
  5. Mayhew v. City of EugeneOregon Supreme Court · 1910

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API