Perry v. Howe Co-operative Creamery Co.
Supreme Court of Iowa
Appeal from Adair District Court.— Hon. Jas. D. Gamble, Judge. Action in equity for an injunction to restrain the continuance of a nuisance, and for damages. Upon hearing, the prayer for injunction was denied, but plaintiff was given judgment for nominal damages, with costs. Both parties appeal. The plaintiff, having first perfected his appeal, will be denominated the appellant.
1Opinion of the CourtBishop, J.
The trial court found that a nuisance existed as alleged at the time the action was commenced, but refused an injunction on the ground that before the trial such nuisance had b'een abated. The several contentions of the parties lead us to inquire whether the findings of facts as to the existence and the abatement of the nuisance were warranted, and, if warranted, whether as matter of law the prayer for an injunction should have been granted nevertheless.
1. Nuisance. In 1898, plaintiff, with others, organized and procured to be incorporated the defendant company. As its name implies, the…
2Cases cited8 opinions
- Pennoyer v. AllenWisconsin Supreme Court · 1883
- Judge v. KribsSupreme Court of Iowa · 1887
- Bennett v. National Starch Manufacturing Co.Supreme Court of Iowa · 1897
- Casley v. MitchellSupreme Court of Iowa · 1903
- Shear v. BrinkmanSupreme Court of Iowa · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mel Foster Co. Properties v. American Oil Co.Supreme Court of Iowa · 1988
- Boyd v. City of OskaloosaSupreme Court of Iowa · 1917
- Stovern v. Town of CalmarSupreme Court of Iowa · 1927
- Anderson v. Ferguson-Bach Sheep Co.Idaho Supreme Court · 1906
- Adams v. Clover Hill FarmsOregon Supreme Court · 1917
3 more not listed; retrieve them via the Exa API.