Legal Opinion

Root v. Heil

Supreme Court of Iowa

Decided October 12, 1889PublishedCited by 9 opinions

Appeal from Des Moines District Court. — Hon. J. M. Casey, Judge. Action in equity, under the statute, to enjoin the manufacture, sale and keeping for sale of intoxicating liquors in certain premises described, and to abate the nuisance.

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Appeal from Des Moines District Court. — Hon. J. M. Casey, Judge. Action in equity, under the statute, to enjoin the manufacture, sale and keeping for sale of intoxicating liquors in certain premises described, and to abate the nuisance. Decree January 30, 1889, enjoining the defendant “from creating, establishing, keeping and maintaining a nuisance, to-wit, a place for the manufacture of intoxicating liquors as a beverage; ” and judgment “that the plaintiff A. M. Root have and recover of the defendant Casper Heil the sum of $83.85, his costs in this case, including the sum of seventy-five…

1Opinion of the CourtGiven, C. J.

Appellee has filed in this court, under the provision of section 3213, Code, his verified answer, to which appellant has replied, and from which it appears that on the twelfth day of February, 1889, the appellee paid said judgment for costs in full, and that, on the same day, appellant’s attorney, A. EL Stutsman, received and receipted for the attorney’s fee of seventy-five dollars, and for one dollar copy fee, and twenty-five cents notary fee. Appellee’s contention is that, by appellant’s attorney accepting this money, the plaintiff’s right to appeal was destroyed.- It is very clear that, by…

2Cases cited3 opinions

  1. Ind. Dist. v. Dist. Tp.Supreme Court of Iowa · 1876
  2. Mississippi & Missouri Railroad v. ByingtonSupreme Court of Iowa · 1863
  3. County of Buena Vista v. I. F. & S. C. R.Supreme Court of Iowa · 1880

3Cited by9 opinions

  1. Lytle Investment Co. v. McMorrisSupreme Court of Iowa · 1920
  2. Ralston v. RalstonSupreme Court of Kansas · 1928
  3. Ballinger v. Connecticut Mutual Life InsuranceSupreme Court of Iowa · 1902
  4. Barbee v. Aultman, Miller & Co.Supreme Court of Iowa · 1897
  5. Farr v. SeawardSupreme Court of Iowa · 1891

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