Legal Opinion

Newcomer v. Tucker

Supreme Court of Iowa

Decided October 17, 1893PublishedCited by 2 opinions

Certiorari to Winneshiek District Court. This is a proceeding in contempt for the violation of an injunction against one Joseph Lamm, restraining him from keeping and maintaining a nuisance by the sale of intoxicating liquors. The district court held the defendant to be in contempt, and assessed a fine against him. The defendant sued out a writ of certiorari, and asks that the proceeding and judgment be reversed by this court.

1Opinion of the CourtRothbock, J.

The decree enjoining Joseph Lamm from maintaining the nuisance was entered in the district court in the month of February, 1887, and said decree was made perpetual on the seventh day of *487April, in the same year. That part of the decree material to the.present inquiry was as follows:

“That a temporary injunction issue against the said Joseph Lamm, enjoining and restraining the said Joe Lamm from selling intoxicating liquors unlawfully on the following described premises, to wit: A certain building or buildings situated upon lot eight, of block two, of Decorah, in Winneshiek county, Iowa,, and…

2Cases cited2 opinions

  1. Silvers v. TraverseSupreme Court of Iowa · 1891
  2. Buhlman v. HumphreySupreme Court of Iowa · 1892

3Cited by2 opinions

  1. Dermedy v. JacksonSupreme Court of Iowa · 1910
  2. Pearson v. District Court of Cass CountySupreme Court of Iowa · 1894

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