Anheuser-Busch Brewing Ass'n v. Oxley
Anheuser-Busch Brewing Association v. Taylor Oxley
Headnotes
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
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.
Cited by 2 cases
View all citing references →Relies on it most ⓘ
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.