Barr v. Neel
Supreme Court of Iowa
Appeal from Jasper District Court. — Hon. W. Gr. Clements, Judge. Suit in equity to restrain defendant Neel from conducting an alleged liquor nuisance. The owner of the building was made a party defendant and the premises upon which the alleged nuisance was alleged to exist was also joined as a defendant.
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Appeal from Jasper District Court. — Hon. W. Gr. Clements, Judge. Suit in equity to restrain defendant Neel from conducting an alleged liquor nuisance. The owner of the building was made a party defendant and the premises upon which the alleged nuisance was alleged to exist was also joined as a defendant. A temporary writ of injunction issued early in July of the year .1909, but the case was not heard on its merits until March of the year 1910, when, after hearing the testimony, plaintiff’s petition was dismissed, and the costs were taxed to Jasper county. Plaintiff appeals.
1Opinion of the CourtDeemer, J.
Defendant Neel was the owner and proprietor of a restaurant and lunch counter in the city of Newton, and in connection therewith sold what are familiarly known as “soft drinks.” Among other things he sold as a beverage what is called in the record “Pabst Mead,” which the testimony shows contained 1.87 percent of alcohol. This was sold in the belief that it was a non-*460intoxicant and with the implied, if not express, consent of the police officials of the city. Certain residents of the city concluded that the sale- of this liquor was contrary to law, and they had an analysis of it made.…
2Cases cited4 opinions
- Clark v. RiddleSupreme Court of Iowa · 1897
- Sawyer v. TermohlenSupreme Court of Iowa · 1909
- State v. FrahmSupreme Court of Iowa · 1899
- Ohlrogg v. District Court of Worth CountySupreme Court of Iowa · 1904
3Cited by6 opinions
- Knothe v. StateNebraska Supreme Court · 1926
- State v. ButlerSupreme Court of Iowa · 1919
- State v. AldermanSupreme Court of Iowa · 1919
- State v. SpeedlingSupreme Court of Iowa · 1925
- Barber v. Buonanni Co.Supreme Court of Iowa · 1917
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