Morris v. Connolly
Supreme Court of Iowa
Appeal from Howard District Gouri. — IIon. A. N. IIorson, Judge. Action in equity, under section 2405 of the Code, to abate and enjoin a liquor nuisance in a building described, owned by defendant William Connolly, and to enjoin the-defendants William and J. P. Connolly as in said section provided.The defendants answered, denying generally, and on the same day paid all the costs, including $25 attorney’s-fees allowed by the court to plaintiff’s attorney, and filed a bond as…
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Appeal from Howard District Gouri. — IIon. A. N. IIorson, Judge. Action in equity, under section 2405 of the Code, to abate and enjoin a liquor nuisance in a building described, owned by defendant William Connolly, and to enjoin the-defendants William and J. P. Connolly as in said section provided.The defendants answered, denying generally, and on the same day paid all the costs, including $25 attorney’s-fees allowed by the court to plaintiff’s attorney, and filed a bond as provided in section 2410 of the Code, whereupon the court entered judgment “that the action is hereby abated, under the…
1Opinion of the CourtGiven, C. J.
—I. The contention is as to the construction to be given to that part of section 2410 as follows: “And if the proceeding be an action in equity and said bond he given and costs therein be paid before judgment, the action shall 'be thereby abated.” Appellant’s counsel insists that to construe the word “action” according to its ordinary meaning renders it- inconsistent with other provisions of chapter 6, title 12, and that the intention of the legislature is that in such case it is the nuisance, and not- the action, that is to he-abated. We see no inconsistency in the law, and no warrant for…
2Cases cited1 opinion
- Morris v. LowrySupreme Court of Iowa · 1901
3Cited by1 opinion
- State ex rel. Heferon v. BlethNorth Dakota Supreme Court · 1910