State ex rel. Miltenberger v. Roney & Foutch
Supreme Court of Iowa
Appeal from Monroe District Court.— Hon. M. A. Roberts, Judge. This is an action instituted by a citizen in the name of the State for the abatement of a liquor nuisance, in which a temporary injunction is asked.
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Appeal from Monroe District Court.— Hon. M. A. Roberts, Judge. This is an action instituted by a citizen in the name of the State for the abatement of a liquor nuisance, in which a temporary injunction is asked. On the hearing of the application for a temporary injunction the trial court found that “ the proof, while it shows some carelessness in the manner in which the saloon in question is conducted, yet it is insufficient to justify the granting of a temporary writ of injunction, and hence such writ is denied.” From this ruling denying a temporary injunction, the plaintiff appeals.—
1Opinion of the CourtMcClain, J.
It does not appear from tbe record that any final decree has been entered, bnt tbe plaintiff bas tbe right to appeal from tbe refusal of tbe court to grant a preliminary injunction. Code, section 4101; Donnelly v. Smith, 128 Iowa, 251. In tbe absence of an argument for tbe defendants, it will serve ncf useful purpose to elaborate tbe objections made to tbe action of tbe trial court.
It appears from tbe record that defendants, although entitled under tbe provisions of tbe mulct law to operate a saloon, violated tbe requirement of Code, section 2448, that tbe selling or keeping for sale under…
2Cases cited4 opinions
- Hofacre v. City of MonticelloSupreme Court of Iowa · 1905
- State v. DonahueSupreme Court of Iowa · 1903
- State v. GiffordSupreme Court of Iowa · 1900
- Bell v. HammSupreme Court of Iowa · 1904
3Cited by2 opinions
- Reusch v. LoserthSupreme Court of Iowa · 1913
- Johannsen v. HutchinsonSupreme Court of Iowa · 1911