State v. Price
Supreme Court of Iowa
Appeal from Mahaska District Court. — Hon. D. ' • Ryan, Judge. Suit in equity to enjoin an alleged liquor nuisance. The petition alleges that the defendant and one John Smith, in a certain building in the town of Elida, in Mahaska county, sold and kept for sale intoxicating liquors, contrary to law.
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Appeal from Mahaska District Court. — Hon. D. ' • Ryan, Judge. Suit in equity to enjoin an alleged liquor nuisance. The petition alleges that the defendant and one John Smith, in a certain building in the town of Elida, in Mahaska county, sold and kept for sale intoxicating liquors, contrary to law. There was a trial to the court, decree against Smith on default and against the building and lot upon which it is situated, also an order dismissing the petition as to defendant, Elizabeth Price, and the state appeals.
1Opinion of the CourtDeemer, J.
The testimony satisfactorily shows that during the summer of 1892 John Smith sold and kept for sale intoxicating liquors in the building described in the petition, but it does not appear that the defendant had any connection with the business. On the contrary, it is shown that during the whole of that year defendant and her husband lived in Oskaloosa, *182and were there engaged in conducting a restaurant. Defendant, it is true, was the owner of the property at the time the nuisance is shown to have been in existence, but she should not be enjoined, and charged with the costs of this proceeding,…
2Cases cited1 opinion
- State v. SeversonSupreme Court of Iowa · 1893
3Cited by3 opinions
- State ex rel. Kern v. EmersonWashington Supreme Court · 1916
- State ex rel. Kelly v. NelsonNorth Dakota Supreme Court · 1904
- Merryfield v. SwiftSupreme Court of Iowa · 1897