COCHRAN v. LOVELACE

No. 55354.

209 N.W.2d 130 (1973)

Donald D. COCHRAN, Administrator of the estate of Shirley Cochran, deceased, Larry Cochran, as surviving spouse and as father and next friend of Shae Allen Cochran and Lee Hayword Cochran, Appellees, v. Ralph C. LOVELACE et al., Appellant.

Supreme Court of Iowa.

July 3, 1973.


Attorney(s) appearing for the Case

Gerry M. Rinden, of Klockau, McCarthy, Schubert, Lousberg, Ellison & Rinden, Rock Island, Ill., and Roy A. Golden, of Wasker, Sullivan, Golden, Wheatcraft & Ward, Des Moines, for Ralph C. Lovelace and Sharon K. Davis (defendants and not appealing) and for Merchants Mutual Bonding Co., appellant.

Ed Skinner, of Irish & Skinner, Altoona, for appellees.

Thomas P. Hyland, Des Moines, for Ralph Edward Jackson (defendant and not appealing).

Considered en banc.


RAWLINGS, Justice.

Plaintiffs instituted a dram shop action under The Code 1966, chapter 123 (Iowa Liquor Control Act) against defendants, liquor suppliers and surety on their bond. From trial court order overruling defendant surety's motion to dismiss as to it this appeal is permissibly taken. We reverse.

To the extent here relevant plaintiffs, by their six division petition, seek redress from defendants as liquor licensees and permittees (licensees). Also...

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