Kane v. Grady
Supreme Court of Iowa
Appeal from Johnson District Court. — Hon. O. A. Byington, Judge. Suit in equity to restrain the defendant from selling intoxicating liquor.
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Appeal from Johnson District Court. — Hon. O. A. Byington, Judge. Suit in equity to restrain the defendant from selling intoxicating liquor. The plaintiff was.the owner of property within fifty feet of the defendant’s saloon, and signed a written statement of consent to tlie sale of intoxicating liquor therein, which, together with the statement of general consent, and the resolution of the city council consenting to such sale, was filed in the auditor’s office about the 1st of May, 1900. This consent was never renewed, as we understand the record, and on the 13th day. of June, 1902-, the…
1Opinion of the CourtSherwin, J.
We take it for granted that the necessities of the public were such that tbe defendant was com*261pelled to and did open his saloon for business as soon as possible after the statement of consent and the resolution of the city council had been filed as provided by law, and in the discussion of the case we shall assume that the tax year began not later than July 1, 1900. The petition did not allege that a statement of general consent and a certified copy of the resolution properly adopted by the city council consenting to sales of liquor by the defendant had been filed as required by law, but by…
2Cases cited1 opinion
- In re AdrianceAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by3 opinions
- Conway v. District CourtSupreme Court of Iowa · 1906
- Fidelity & Deposit Co. v. JennessSupreme Court of Iowa · 1908
- Sawyer v. HutchinsonSupreme Court of Iowa · 1910