Suess v. Noble
U.S. Circuit Court for the Southern District of Iowa
The original cause of State v. Suess was removed from the district court of Jefferson county, Iowa, to this court upon the petition of said Suess, and the same is now pending here. The transfer was made in pursuance of the decision of the circuit judge, Brewer, in the case of State v. Walruff, 26 Fed. Rep. 178. The purpose of that proceeding was to have the brewery owned and maintained by said Suess declared a nuisance, and as such perpetually enjoined and abated.
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The original cause of State v. Suess was removed from the district court of Jefferson county, Iowa, to this court upon the petition of said Suess, and the same is now pending here. The transfer was made in pursuance of the decision of the circuit judge, Brewer, in the case of State v. Walruff, 26 Fed. Rep. 178. The purpose of that proceeding was to have the brewery owned and maintained by said Suess declared a nuisance, and as such perpetually enjoined and abated. A temporary restraining order, which is still in full force, was issued from this court, the purpose of which was to restrain…
1Opinion of the CourtLove, J.
Thus the proceeding now before me is in the nature of an application to restrain the defendants by injunction from--the prosecution of sundry criminal proceedings against the plaintiff under the prohibitory law. It is alleged, and no. doubt truly, that if the defendants be permitted to vex and pursue the plaintiff with numberless criminal prosecutions before justices of the peace and other state tribunals, the plaintiff will be compelled to abandon his business, and that his brewery property will be rendered useless and valueless. We are thus brought face to face with the question whether or…
2Cases cited5 opinions
- Davis v. American Society for Prevention of Cruelty to AnimalsNew York Court of Appeals · 1878
- Moses v. Mayor of MobileSupreme Court of Alabama · 1875
- Gault v. WallisSupreme Court of Georgia · 1875
- Stuart v. Board of SupervisorsIllinois Supreme Court · 1876
- Joseph v. BurkIndiana Supreme Court · 1873
3Cited by12 opinions
- Le Blanc v. City of New OrleansSupreme Court of Louisiana · 1915
- Kelly v. ConnerTennessee Supreme Court · 1909
- Jacob Hoffman Brewing Co. v. McElligottCourt of Appeals for the Second Circuit · 1919
- Arbuckle v. BlackburnCourt of Appeals for the Sixth Circuit · 1902
- Littleton v. BurgessWyoming Supreme Court · 1905
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