Legal Opinion

Polk County v. Hierb

Supreme Court of Iowa

Decided December 15, 1873PublishedCited by 15 opinions

Appeal from Polk Qvremt Cowrt. Wednesday, October 22. On the 27th day of May, 1872, plaintiff filed in the Polk district court a petition at law, stating substantially that in March, 1872, one, James Peck, had been convicted of nuisance committed in violation of the act for the suppression of intemperance, and fined $500 and costs; and that the crime was committed in a building and on a lot duly described, belonging to the defendant J. Hierb, and used for such unlawful…

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Appeal from Polk Qvremt Cowrt. Wednesday, October 22. On the 27th day of May, 1872, plaintiff filed in the Polk district court a petition at law, stating substantially that in March, 1872, one, James Peck, had been convicted of nuisance committed in violation of the act for the suppression of intemperance, and fined $500 and costs; and that the crime was committed in a building and on a lot duly described, belonging to the defendant J. Hierb, and used for such unlawful purpose, with the knowledge and consent of defendant. The petition alleges that no part of the fine has been paid, and prays…

1Opinion of the CourtDay, J.

I. The order changing the venue was made on the 1st day of November, 1872.

The circuit court did not acquire general equity jurisdiction until the first Monday of January, 1873. On the 21st day of January, 1873, the defendant appeared and filed a demurrer, calling upon the court to determine that the petition did not sufficiently describe the building; that the proper party was not made plaintiff; that the relief asked can be granted only by a court of equity; that because the relief asked is matter of equitable cognizance, the circuit court has no jurisdiction; *363and that the law under which…

2Cases cited3 opinions

  1. Santo v. StateSupreme Court of Iowa · 1855
  2. State v. SquiresSupreme Court of Iowa · 1868
  3. Bartruff v. RemeySupreme Court of Iowa · 1863

3Cited by15 opinions

  1. Hodge v. Muscatine CountySupreme Court of the United States · 1905
  2. Galusha v. WendtSupreme Court of Iowa · 1901
  3. Chicago, R. I. & P. R. Co. v. AustinSupreme Court of Oklahoma · 1916
  4. Columbia Savings & Loan Ass'n v. ClauseWyoming Supreme Court · 1904
  5. Dolan v. BaldridgeWashington Supreme Court · 1931

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