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Anheuser-Busch Brewing Ass'n v. Oxley

Anheuser-Busch Brewing Association v. Taylor Oxley

Anheuser-Busch Brewing Ass'n v. Oxley, 53 N.W. 1075 (Iowa 1893)
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Court
Supreme Court of Iowa · State Highest Courts
Decided
January 20, 1893
Judges
Granger
Citations
53 N.W. 107588 Iowa 699
Disposition
Affirmed.
Headnotes
Assignment of Errors: striking brief from files.
Summary
Appeal from Superior Court of Cedar Bapids. — Hon. John T. Stoneman, Judge. Action in replevin for certain liquors. There was a demurrer to the petition, which was overruled; and, the defendant having elected to 'stand on the demurrer, judgment was entered accordingly, from which he appealed.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Granger

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Granger, J.

The demurrer to the petition presents three points, and the assignments of error are as follows: First, the court erred in overruling defendant’s demurrer to the plaintiff’s petition; second, the court erred in rendering judgment against the defendant for the return of the property and for costs.

We can not consider the assignments, because they are not sufficiently specific. The first point in the demurrer is the controlling one, the second being entirely dependent upon it. The case is controlled by the holding in Town of Waukon v. Strouse, 74 Iowa, 547 , and cases there cited.

There is a motion to strike from the files the appellee’s brief and argument, because not served in time; but a ruling thereon would be of no avail, as without it the conclusion of the ease must be the same, for the statute directs us to only regard errors in such cases “which are assigned with the required exactness.”- — Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1895: 11907: 118952026peak 1895 · 1

Relies on it most ⓘ

  1. Atlantic Coast Line Railroad v. Crosby53 Fla. 400 (1907)
  2. Haugh v. City of Tacoma43 P. 37 (Wash. 1895)

Most recent

  1. Atlantic Coast Line Railroad v. Crosby53 Fla. 400 (1907)
  2. Haugh v. City of Tacoma43 P. 37 (Wash. 1895)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Town of Waukon v. Strouse, 38 N.W. 408 (Iowa 1888) 23

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