Legal Opinion · Dissent

State v. Gurlagh

Supreme Court of Iowa

Decided October 30, 1888Published

Appeal from Wapello District Court. — Host. Chas. D. Leggett, Judge. Defendant was indicted and convicted of keeping a nuisance by maintaining a place for the sale of intoxicating liquors. He now appeals to this court.

1Dissent

Robinson, J.,

( dissenting.) — I am unable to assent to the construction which the foregoing opinion places upon section 4256 of the Code, as amended. It was said in Noble v. State, 1 G. Greene, 330, that “the intention of the legislature is the leading, and indeed the only, object to be inquired into by a court in construing legislative enactments. * * * Where the object of the law-makers may be collected from prior existing laws, and from the expressed language of many other sections, * * * we may be justified in giving a construction *144contrary to the literal applications of the words. It…

2Cases cited5 opinions

  1. State v. ShermanSupreme Court of Iowa · 1877
  2. Williams v. PoorSupreme Court of Iowa · 1884
  3. Dilger v. PalmerSupreme Court of Iowa · 1882
  4. Crabell v. Wapello Coal Co.Supreme Court of Iowa · 1886
  5. Tully v. BeaubienSupreme Court of Iowa · 1859

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