State v. Ashert
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. W. A. Spurrier, Judge. Action to enjoin the maintenance of a nuisance in the keeping and selling of intoxicating liquor. The petitions are in the usual form, showing that the defendants are engaged in selling, and keeping with intent to sell, intoxicating liquors, in violation of law, on certain lots in the city of Des Moines, with a prayer that injunctions issue to restrain their continuance.
Read the full summary
Appeal from Polk District Court. — Hon. W. A. Spurrier, Judge. Action to enjoin the maintenance of a nuisance in the keeping and selling of intoxicating liquor. The petitions are in the usual form, showing that the defendants are engaged in selling, and keeping with intent to sell, intoxicating liquors, in violation of law, on certain lots in the city of Des Moines, with a prayer that injunctions issue to restrain their continuance. The answer, in each case, is in two divisions, in the first of which there are admissions that the defendants are keeping and selling, on the premises described…
1Opinion of the CourtGranger, J.
By a stipulation the same order is to be made in the two cases, and in our consideration we will speak alone with reference to the first-entitled case.
*212The question in this case is of general importance, and the appeal involves a construction of the laws passed by the last general assembly, somewhat changing the law for the suppression of intemperance. The demurrer is general, and hence it does not designate the particular as to which the answer is thought to be defective. The facts pleaded as to the filing of the statement of consent, the resolution of consent, the consent of freeholders, and…
2Cases cited4 opinions
- Ryan v. VargaSupreme Court of Iowa · 1873
- Baker v. Board of SupervisorsSupreme Court of Iowa · 1875
- Herrick v. CarpenterSupreme Court of Iowa · 1880
- Luce v. FenslerSupreme Court of Iowa · 1892
3Cited by4 opinions
- Bartel v. HobsonSupreme Court of Iowa · 1899
- Mills v. HallgrenSupreme Court of Iowa · 1910
- McKeever v. BeacomSupreme Court of Iowa · 1897
- State v. PressmanSupreme Court of Iowa · 1897