Fries & Co. v. Porch
Supreme Court of Iowa
Appeal from Johnson District Cow't. ON the 8th day of -June, 1876, the plaintiff commenced against L. D. Porch an action of replevin for eleven barrels and two half barrels of liquor, of the alleged value of two hundred dollars, alleging that the said liquors were in the original packages in which they were imported into the State with lawful intent, and not with intent to avoid the laws of Iowa for the suppression of intemperance, and that defend- * ant claims to hold the…
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Appeal from Johnson District Cow't. ON the 8th day of -June, 1876, the plaintiff commenced against L. D. Porch an action of replevin for eleven barrels and two half barrels of liquor, of the alleged value of two hundred dollars, alleging that the said liquors were in the original packages in which they were imported into the State with lawful intent, and not with intent to avoid the laws of Iowa for the suppression of intemperance, and that defend- * ant claims to hold the property under some process against one Levy. On the 12th day of January, 1877, the defendant answered, alleging that he,…
1Opinion of the CourtDay, J.
1. intoxicating liquors replevin. I. The questions involved in this case are interesting and important, being no less than whether it is competent in this State, by sharp practice, to defeat the administration of justice, and whether this can be done with impunity. The record discloses the fact that the *356liquors in question at the time of obtaining the writ of replevin were in possession of Porch, as marshal of Iowa City, having been seized under a warrant duly issued under section 1544 of the Code. In Funk & Hardman v. Israel, 5 Iowa, 438, this court held that where proceedings are in…
2Cases cited5 opinions
- State v. CaversSupreme Court of Iowa · 1867
- Funk & Hardman v. IsraelSupreme Court of Iowa · 1858
- Monty v. ArnesonSupreme Court of Iowa · 1868
- State v. HarrisSupreme Court of Iowa · 1874
- State v. Certain Intoxicating LiquorsSupreme Court of Iowa · 1874
3Cited by7 opinions
- State v. TaggartSupreme Court of Iowa · 1919
- Hines v. StahlSupreme Court of Kansas · 1908
- Senior v. PierceU.S. Circuit Court for the Southern District of Iowa · 1887
- Manter v. PetrieSupreme Court of Minnesota · 1913
- Buell v. French, Court of Common Pleas of Ohio, Franklin County, Civil Division1922
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