Legal Opinion

Mcclure v. Braniff

Supreme Court of Iowa

Decided September 6, 1888PublishedCited by 17 opinions

Appeal from Dallas District Court. — Hon. A. W. Wilkinson, Judge. Action to restrain the keeping and for the abatement of a nuisance, commenced on the thirteenth day of January, 1886. On that day plaintiff filed his petition, in which he alleged that Barney Braniff was the owner of lot 20, block 38, in Dallas Centerthat he had established, and was maintaining in a building on said lot, a place for the sale of intoxicating liquors, contrary to law ; and asking for such relief…

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Appeal from Dallas District Court. — Hon. A. W. Wilkinson, Judge. Action to restrain the keeping and for the abatement of a nuisance, commenced on the thirteenth day of January, 1886. On that day plaintiff filed his petition, in which he alleged that Barney Braniff was the owner of lot 20, block 38, in Dallas Centerthat he had established, and was maintaining in a building on said lot, a place for the sale of intoxicating liquors, contrary to law ; and asking for such relief as was authorized by law. A temporary writ of injunction was issued. March 2, 1887, plaintiff filed an amendment to his…

1Opinion of the CourtRobinson, J.

— We are satisfied by the evidence that the interest of Collins in the premises in controversy is that of a mortgagee acquired during the pendency of the suit, and that intervenor and her husband have a homestead right in the premises. The business carried on by the husband was that of ■ a grocer and restaurant keeper, but the evidence shows clearly that he kept and sold in two rooms of the •building in question intoxicating liquors, contrary to law, and that intervenor had knowledge of that fact. 'The building is about sixteen feet wide, forty feet long, and one and one-half stories in…

2Cases cited8 opinions

  1. Adams v. BealeSupreme Court of Iowa · 1865
  2. Burns v. KeasSupreme Court of Iowa · 1866
  3. Lunt v. NeeleySupreme Court of Iowa · 1885
  4. Drake v. JordanSupreme Court of Iowa · 1887
  5. Smith v. QuiggansSupreme Court of Iowa · 1885

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3Cited by17 opinions

  1. In Re Property Seized From BlySupreme Court of Iowa · 1990
  2. First Congregational Church v. TerrySupreme Court of Iowa · 1906
  3. Haggerty v. BrowerSupreme Court of Iowa · 1898
  4. Byers v. JohnsonSupreme Court of Iowa · 1893
  5. Mancuso v. StateNebraska Supreme Court · 1932

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