Myers v. Kirt
Supreme Court of Iowa
Appeal from Buehanan OirevAt Cov/rt. The plaintiff by this action seeks to recover damages of tbe defendant John Kirt for the unlawful sales of intoxicating liquors to plaintiff’s husband, by which, as it is alleged, she bad been damaged in her means of support. She also demands tbe establishment of a lien for her damages as against tbe saloon property where said liquor was sold; said property being owned by tbe defendant Reckermire, as is alleged.
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Appeal from Buehanan OirevAt Cov/rt. The plaintiff by this action seeks to recover damages of tbe defendant John Kirt for the unlawful sales of intoxicating liquors to plaintiff’s husband, by which, as it is alleged, she bad been damaged in her means of support. She also demands tbe establishment of a lien for her damages as against tbe saloon property where said liquor was sold; said property being owned by tbe defendant Reckermire, as is alleged. There was a demurrer to the answer of the defendant Rsckermire, which was sustained. From the order sustaining the demurrer he appeals.
1Opinion of the CourtRoturock, J.
I. This cause has already been twice appealed to this court by the defendant Reekermire. See 57 Iowa, 421, and 64 Id., 27. The judgment was reversed on the first appeal, because the evidence did not show that Reekermire had knowledge of and assented to the unlawful acts of Kirt of which plaintiff complained. On the second appeal the judgment was reversed for the reason that the instructions given by the court to the jury omitted to charge that the property could not be made subject to the damages without proof that the owner had knowledge of and assented to the unlawful sales. 'When the…
2Cases cited1 opinion
- Meyers v. KirtSupreme Court of Iowa · 1881
3Cited by8 opinions
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- Rauer's Law & Collection Co. v. LeffingwellCalifornia Court of Appeal · 1909
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