Landt v. Remley
Supreme Court of Iowa
Oertorari to Cedar District Court. On the fourteenth day of November, 1899, an injunction issued1 from the district court of Cedar county restraining L. S. and F. D. McCoukie from selling intoxicating liquors in violation of law, and restraining John Lower from leasing a certain building for the sale of intoxicating liquors therein.
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Oertorari to Cedar District Court. On the fourteenth day of November, 1899, an injunction issued1 from the district court of Cedar county restraining L. S. and F. D. McCoukie from selling intoxicating liquors in violation of law, and restraining John Lower from leasing a certain building for the sale of intoxicating liquors therein. January 8, 1900, the restraining order as to Lower was modified by the judge in vacation, permitting the use of the premises for the sale of intoxicating liquors under the provisions of the mulct law. On the eleventh day of January, 1900, the said McConldes opened…
1Opinion of the CourtSherwin, J.
1 *5572 *556When the injunction was granted, the defendants supposed the mulct law was in force in Tipton; but the court held' that it was not, and that sales of intoxicating liquor made by the McConldes were illegal. After-wards, and before the attempted modification of the order, the mulct law became operative in Tipton, and the defendants McOonlde paid the required tax, and had au+hority from the city council to sell intoxicating liquor under the law. It is contended that the judge had no authority to modify the injunction order as to the use of the premises in vacation. This, we think, would be…
2Cases cited5 opinions
- Babcock v. WolfSupreme Court of Iowa · 1886
- State v. VanVlietSupreme Court of Iowa · 1894
- Hawks v. FellowsSupreme Court of Iowa · 1899
- State v. GreenwaySupreme Court of Iowa · 1894
- Myers v. FunkSupreme Court of Iowa · 1879
3Cited by3 opinions
- Denmead v. ParkerSupreme Court of Iowa · 1910
- Marengo Savings Bank v. ByingtonSupreme Court of Iowa · 1907
- McConkie v. District CourtSupreme Court of Iowa · 1902