Barber v. City Drug Store
Supreme Court of Iowa
Appeal from Polk District Court. — W. IT. McHenry, Judge. The trial court found that a nuisance, created by the illegal sale of intoxicating liquors, existed on certain premises owned by the defendant Conkling.
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Appeal from Polk District Court. — W. IT. McHenry, Judge. The trial court found that a nuisance, created by the illegal sale of intoxicating liquors, existed on certain premises owned by the defendant Conkling. It ordered the abatement of the nuisance, and a closing of the building, and decreed that the defendants, City Drug Store and Kucharo, be permanently enjoined and restrained from keeping and maintaining said nuisance, or any other like nuisance, either in said building or elsewhere in the judicial district. The defendants, other than Conkling, appeal.
1Opinion of the CourtSalinger, J.
1. Intoxicating liquors: injunction: evidence: sufficiency. I. We agree with the appellant that there has been no change in statute since State v. Findley, 45 Iowa 435, was decided, which affects the authority of that decision. (Compare Sections 1523, 1542 and 1554, Code of 1873, with Section 2382, Code Sup, 1913.) But we do not agree that the case at bar is ruled by the Findley decision. It reverses a conviction for selling liquor in violation of law. That it does so rightly is made manifest by the following statement made in it:
‘ ‘ There was no evidence tending to show that defendant knew…
2Cases cited5 opinions
- Murphy v. . JackNew York Court of Appeals · 1894
- Conkling v. Standard Oil Co.Supreme Court of Iowa · 1908
- Dudley v. SautbineSupreme Court of Iowa · 1878
- Stromert v. JohnsonSupreme Court of Iowa · 1909
- State v. FindleySupreme Court of Iowa · 1877
3Cited by5 opinions
- State v. McGinnisSupreme Court of Iowa · 1976
- State v. RowleySupreme Court of Iowa · 1924
- Morton v. United StatesCourt of Appeals for the Seventh Circuit · 1932
- Hammond Lumber Co. v. WeeksCalifornia Court of Appeal · 1930
- Smith v. Farm Property Mutual InsuranceSupreme Court of Iowa · 1925