Littleton v. Fritz
Supreme Court of Iowa
Appeal from, Polk Circuit Court. This is an action in equity, by which the plaintiff, a citizen of Polk county, seeks to enjoin and abate a nuisancé, which it is alleged the defendant keeps and maintains in a certain building in the city of Dgs^ÜTólnes, by selling intoxicating liquors therein contrary to the law.
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Appeal from, Polk Circuit Court. This is an action in equity, by which the plaintiff, a citizen of Polk county, seeks to enjoin and abate a nuisancé, which it is alleged the defendant keeps and maintains in a certain building in the city of Dgs^ÜTólnes, by selling intoxicating liquors therein contrary to the law. A temporary injunction was prayed, and notico/nf the application therefor was served on the defendant, ivlio apjjeared, and the motion for the injunction was sustained, and the writ was issued and served upon defendant. This appeal was taken from the order granting the temporary…
1Opinion of the CourtRothrock, J.
*489i. ooxstituTiONALlaw: fawsonmanceMniinc-" oi°county!zen Lyjnry ;rial diction?uns *488I. The plaintiff does not aver in his petition that he has sustained, or will sustain, any damage or *489injury by the maintenance of the alleged nuisance, for which he can be compensated m a money judgment. lie claims the right to maintain the action because he is a citizen of Polk county, and because the keeping and maintaining the nuisance in the county is a great damage and injury do the property, peace and safety of the plaintiff and other citizens of said county.
The case, therefore, turns upon the question…
2Cases cited11 opinions
- Santo v. StateSupreme Court of Iowa · 1855
- Plimpton v. Town of SomersetSupreme Court of Vermont · 1860
- Isom v. Mississippi Central RailroadMississippi Supreme Court · 1858
- Shiras v. OlingerSupreme Court of Iowa · 1879
- State Tax-Law CasesMichigan Supreme Court · 1884
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3Cited by62 opinions
- Pompano Horse Club, Inc. v. State Ex Rel. BryanSupreme Court of Florida · 1927
- Nashville, C. & St. L. Ry. Co. v. McConnellU.S. Circuit Court for the District of Middle Tennessee · 1897
- Carleton v. RuggMassachusetts Supreme Judicial Court · 1889
- Columbian Athletic Club v. State ex rel. McMahanIndiana Supreme Court · 1895
- Sisson v. Board of SupervisorsSupreme Court of Iowa · 1905
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