Dickinson v. Bentley
Supreme Court of Iowa
Appeal from Dubuque District Court. — Hon. D. J. Lenehan, Judge. PROCEEDING for the abatement of a saloon nuisance. The cause was submitted bo the district court on the following stipulation and evidence: “E. H. Dickinson ) a. t In district court, Dubuque “ W. E. Bentley et al. j county, Iowa. No. 8,160. ‘ ‘ Stipulation and agreement in reference to the above-named and numbered thirty-five cases.
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Appeal from Dubuque District Court. — Hon. D. J. Lenehan, Judge. PROCEEDING for the abatement of a saloon nuisance. The cause was submitted bo the district court on the following stipulation and evidence: “E. H. Dickinson ) a. t In district court, Dubuque “ W. E. Bentley et al. j county, Iowa. No. 8,160. ‘ ‘ Stipulation and agreement in reference to the above-named and numbered thirty-five cases. Whereas, notices and interrogatories to take the deposition on commission of Joseph Mercer, of Polk county, Iowa, a witness for plaintiff in each of the foregoing thirty-five cases now pending in the…
1Opinion of the CourtG-baNGEE, J.
— The action is in equity, and triable de novo in this court, and the only question is as to the sufficiency of the testimony. The essential averment of the petition is that the defendant is now employed and •engaged in keeping intoxicating liquors in a saloon and place with intent to sell the same contrary to law. No question is made as to the more particular averments of the petition, unless it be as to time, which we will notice. Appellant says that “plaintiff does not attempt to prove his case as alleged, thereby admitting his inability to do so.” It is true the proof shows the sales *485by…
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