McMillan v. Osterson
Supreme Court of Iowa
Appeal from Woodbury District Court. — W. G. Sears, Judge. Aotion in equity to enjoin and restrain defendant from maintaining an alleged liquor nuisance. Decree was entered upon default, which, upon motion of defendant, was vacated and set aside by the trial court. From said ruling, plaintiff appeals.
1Opinion of the CourtDe Graee, J.
Plaintiff came into court, like all plaintiffs, voluntarily, but under the provisions of Code Section 2405 et seq. Defendant, like all defendants, except those in friendly suits and moot cases, was caused to come in by virtue of a summons, duly issued and served.
This is a liquor case, and injunctive relief is the purpose of the action. Defendant, having been noticed in due and legal *984form to appear oil or before noon of the second day of the September, 1920, term of the district court, beginning, etc., attempted to respect the recitals of said summons, and, in order to enter his appearance in…
2Cases cited4 opinions
- Westphal, Hinds & Co. v. ClarkSupreme Court of Iowa · 1877
- Willett v. MillmanSupreme Court of Iowa · 1883
- Capital Savings Bank & Trust Co. v. SwanSupreme Court of Iowa · 1897
- People v. MayhewMichigan Supreme Court · 1921
3Cited by18 opinions
- State v. BrewerSupreme Court of Iowa · 1976
- Cogley v. Hy Vee Food Stores, Inc.Supreme Court of Iowa · 1965
- Eager v. DerowitschWyoming Supreme Court · 1951
- Paula Segura and Ricardo Segura v. State of IowaSupreme Court of Iowa · 2017
- Newell v. TweedSupreme Court of Iowa · 1949
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