Hughes v. Eckerson
Supreme Court of Iowa
Appeal from Greene District Court. . Action in equity. The relief sought was to restrain a9 nuisance. An injunction was granted, which the defendants í moved to dissolve, and the same being overruled, they appeal.:
1Opinion of the CourtServers, J.
— The injunction was issued without notice of ' the application therefor being given the defendants, and there are no allegations. iii the petition which would justify the1! *642issuance of a temporary restraining order, if such could be done, on the ground that great or irreparable injury would be caused if notice of the application was given. It is provided by statute that “an injunction * * * to restrain a nuisance can only be granted upon reasonable notice of the time and place of the application to the’party to be enjoined.” Code, § 3391.
To the petition the defendants filed an answer…
2Cited by2 opinions
- Bowman v. City of WaverlySupreme Court of Iowa · 1910
- State v. DouglassSupreme Court of Iowa · 1888