Plank v. Hertha
Supreme Court of Iowa
Appeal from Buchanan District Court. — -Hon. A. S. Blair, Judge. Suit in equity to enjoin a liquor nuisance. The trial court granted a decree, as asked, but refused to tax an attorney’s fee for plaintiff’s attorney. Plaintiff appeals.
1Opinion of the CourtDeemer, J.
1 Intoxicating liquors: nuisance: attorney’s fees.
- The action is by a private citizen to enjoin a liquor nuisance, under section 2406 of the Code. Decree was rendered as prayed, and order of abatement made, but the court refused to tax attorney’s 7 J ^ee f°r plaintiff’s attorney. The latter part 0f sectil 2406 reads as follows: “If plaintiff is successful in the action an attorney’s fee of $25:00 shall be taxed as costs in his favor.” These costs may be taxed whether the action is instituted in the name of the State of by a private individual. Farr v. Seaward, 82 Iowa, 221. Section 2429 of…
2Cases cited1 opinion
- Farr v. SeawardSupreme Court of Iowa · 1891