Morgan v. Koestner
Supreme Court of Iowa
Appeal from Des Moines District Gowrt.— Hon. Charles H. Phelps, Judge. Action to abate a saloon nuisance. John Linder and Henry Hirt were made codefendants with Koestner. Koestner was and is the owner of the land on which the saloon was maintained. He leased it to Louis Bannier for five years, with authority to erect a building thereon for “confectionery purposes.”
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Appeal from Des Moines District Gowrt.— Hon. Charles H. Phelps, Judge. Action to abate a saloon nuisance. John Linder and Henry Hirt were made codefendants with Koestner. Koestner was and is the owner of the land on which the saloon was maintained. He leased it to Louis Bannier for five years, with authority to erect a building thereon for “confectionery purposes.” Upon a preliminary hearing in this suit, a temporary injunction was granted against Koestner, and thereafter he notified Bannier to quit the premises, and remove his building, and, upon his neglect or refusal, Koestner instituted a…
1Opinion of the CourtGranger, J.
1. intoxicating liquors: nuisance: lessor’s liability I. It is for us to determine the legal effect of the facts pleaded and proved by the defendant Koestner. These facts are, as we understand, that he leased the lot to Bannier for five years, with the right to Bannier to construct a building thereon for confectionery purposes; that the building was erected, and the defendant Linder conducted a saloon therein; that Koestner did not know the purpose to which the building was put; that, after the granting of the temporary injunction, Koestner notified Bannier to quit the premises and remove the…
2Cases cited1 opinion
- Mcclure v. BraniffSupreme Court of Iowa · 1888
3Cited by11 opinions
- In re the Estate of LevyWashington Supreme Court · 1923
- State ex rel. English v. FanningNebraska Supreme Court · 1914
- State v. KnappSupreme Court of Iowa · 1916
- State ex rel. Kern v. EmersonWashington Supreme Court · 1916
- State Ex Rel. Seeburger v. PickettSupreme Court of Iowa · 1926
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