City of Knoxville v. Chicago, Burlington & Quincy Railroad
Supreme Court of Iowa
Appeal from Marion District Court. — Hon. A. W. Wilkinson, Judge. Information on oath was filed with the mayor of the city of Knoxville, accusing the defendants “of the •crime of erecting, keeping and maintaining a nuisance in said city, * * * in violation of the ordinances of said city, for that they used and kept a stock yard, for the keeping and loading of stock, in such condition as to constitute a nuisance under said ordinances.”
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Appeal from Marion District Court. — Hon. A. W. Wilkinson, Judge. Information on oath was filed with the mayor of the city of Knoxville, accusing the defendants “of the •crime of erecting, keeping and maintaining a nuisance in said city, * * * in violation of the ordinances of said city, for that they used and kept a stock yard, for the keeping and loading of stock, in such condition as to constitute a nuisance under said ordinances.” It is asked in the information “that said defendants be-dealt with according to law, and that said nuisance be abated.” The defendants, being served with…
1Opinion of the CourtGiven, J.
I. The discussions resolve themselves-into the single inquiry, whether the city of Knoxville had power to pass the ordinances under which this".prosecution is had. Eight sections of the ordinance are set out at length, but the parts necessary to be-noticed are in substance as follows: It declares what shall constitute a nuisance, and includes such acts as-*638are charged against the defendants, and provides that upon conviction the accused shall be subject to a fine not exceeding twenty-five dollars for the first offense, and in ease of a continuance of the nuisance “a fine, the amount of which…
2Cases cited2 opinions
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