Legal Opinion

Columbus City v. Cutcomp

Supreme Court of Iowa

Decided October 17, 1883PublishedCited by 12 opinions

Appeal from Muscatine District Court. On the twenty-eighth day of March, 1882, an information was filed before' the mayor of the town of Columbus City, charging the defendant with keeping a saloon, where wine, ale and beer were sold and billiards were played, in violation of an ordinance of the town. The mayor found the defendant guilty. lie appealed to the Louisa district court, and upon his application the venue was changed to the Muscatine district court.

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Appeal from Muscatine District Court. On the twenty-eighth day of March, 1882, an information was filed before' the mayor of the town of Columbus City, charging the defendant with keeping a saloon, where wine, ale and beer were sold and billiards were played, in violation of an ordinance of the town. The mayor found the defendant guilty. lie appealed to the Louisa district court, and upon his application the venue was changed to the Muscatine district court. The cause was submitted to the court upon an agreed statement showing the following facts: On the twenty-fourth day of February, 1881,…

1Opinion of the Court

Day, Cir. J.

i. intoxicatíiceus^to^seii trapt “abrogauon of. — I. The question involved in this case is whether the adoption of the ordinance, prohibiting the sale °*' a^e> w™e and beer, abrogated thé license issued pursuant to an ordinance authorizing the issuance °f which was in force when the license Was granted. In Adams v. Hackett, 23 N. H., (7 Fost.,) 289, it was held that, under a license to sell intoxicating liquors for a specified time, rights are acquired which cannot be taken away by a repeal of the statute under which the license was issued. But the very decided weight of authority…

2Cases cited4 opinions

  1. Metropolitan Board of Excise v. . BarrieNew York Court of Appeals · 1866
  2. Commonwealth v. BrennanMassachusetts Supreme Judicial Court · 1869
  3. State v. KeelerSupreme Court of Iowa · 1870
  4. City of Ottumwa v. SchaubSupreme Court of Iowa · 1879

3Cited by12 opinions

  1. Martin v. StateNebraska Supreme Court · 1888
  2. Wallace v. Mayor of RenoNevada Supreme Court · 1903
  3. Walker v. City of ClintonSupreme Court of Iowa · 1953
  4. Higgins v. TaltySupreme Court of Missouri · 1900
  5. Yarbrough v. Beardon and Phillips v. ForemanSupreme Court of Arkansas · 1944

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