Headington ex rel. School Fund v. Smith
Supreme Court of Iowa
Appeal from Winnesheik District Court.-. — IIon. L. E. Fellows, Judge. Defendant W. R. Smith conducted a place for the sale of intoxicating liquors under the mulct law. He gave the bond required by law, with his co-defendants as sureties thereon. This action was brought to recover the penalty provided by statute for' the sale of liquor to minors.
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Appeal from Winnesheik District Court.-. — IIon. L. E. Fellows, Judge. Defendant W. R. Smith conducted a place for the sale of intoxicating liquors under the mulct law. He gave the bond required by law, with his co-defendants as sureties thereon. This action was brought to recover the penalty provided by statute for' the sale of liquor to minors. Defendants Jacob Schaub and Araminta Smith, sureties, filed a demurrer to the petition, based on the ground that they were not liable for the penalties provided by statute for sales to minors. Their demurrers were overruled, and exceptions taken.…
1Opinion of the CourtDebmer, J.
1 *1092 *108The bond filed by defendants was in the usual form, conditioned that W. R. Smith should faithfully observe and comply with all the provisions of the law stipulated and set forth in the act under which it was .given, and pay all damages that might result from the sale of intoxicating liquors upon the premises occupied bv him. The petiton alleged that he violated the provisions of the act referred to, by selling intoxicating liquors to minors, and judgment was asked for the benefit of the school fund, in the sum of $100 for each and every such sale. The demurrer-filed by the sureties was…
2Cases cited2 opinions
- Gourley v. WalkerSupreme Court of Iowa · 1886
- State v. DouglassSupreme Court of Iowa · 1887
3Cited by2 opinions
- State v. SmithSupreme Court of Iowa · 1907
- Gorman v. WilliamsSupreme Court of Iowa · 1902