Eckert v. David
Supreme Court of Iowa
Appeal from Worth District Court. — Hon. GK W. Ruddick, Judge. Action in equity, and the relief asked is an injunction to restrain the defendants from the commission of a nuisance by selling and keeping for sale intoxicating liquors in a certain building on real estate owned by the appellant. The relief asked was granted, and the brewing company appeals.
1Opinion of the CourtSeevers, C. J.
— The facts are that the defendants David and Lamb entered into possession of the premises in which it is claimed the nuisance existed, and it will be conceded that they did so under a parol lease from one Knutsen, who claimed to be acting as the agent of the appellant, but whether he was authorized to lease the real estate is doubtful; but we think the appellant knew the defendants were occupying the premises. Under the evidence, however, it is uncertain whether *303tlie appellant had knowledge that intoxicating liquors were sold or kept for sale therein. The appellant is a resident of or…
2Cases cited4 opinions
- Martin v. BlattnerSupreme Court of Iowa · 1886
- Judge v. KribsSupreme Court of Iowa · 1887
- Drake v. KingsbakerSupreme Court of Iowa · 1887
- Shear v. BrinkmanSupreme Court of Iowa · 1887
3Cited by2 opinions
- State Ex Rel. Seeburger v. PickettSupreme Court of Iowa · 1926
- State v. FrahmSupreme Court of Iowa · 1899