Shear v. Green
Supreme Court of Iowa
Appeal from, Chickasaw District Gowrt. Action to enjoin the keeping a nuisance, and for other relief authorized in case of the illegal keeping for sale , and selling of intoxicating liquors. The issues were determined in favor of plaintiff, and judgment was rendered restraining defendants from maintaining the alleged nuisance, and from keeping and selling intoxicating liquors contrary to law.
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Appeal from, Chickasaw District Gowrt. Action to enjoin the keeping a nuisance, and for other relief authorized in case of the illegal keeping for sale , and selling of intoxicating liquors. The issues were determined in favor of plaintiff, and judgment was rendered restraining defendants from maintaining the alleged nuisance, and from keeping and selling intoxicating liquors contrary to law. The seizure and destruction of the liquors and the removal and sale of all movable property used in carrying on the illegal business, and the closing of the saloon building for one year, were also…
1Opinion of the CourtRobinson, J.
*689i. xotoxicatmiisauoe;18' citizenship of plaintiff: pleading and prooi. *688I. The petition alleges that plaintiff is a *689citizen of Chickasaw county, Iowa. The answer of appellants is a general denial. It is objected by appellants that there is no evidence that plaint- . . , . iff is a citizen oí the county named. It is true ^ , that there is no evidence oí that fact, but the general denial does not put it in issue. The plaintiff sues in a representative capacity, and it is sufficient for him to aver the fact which shows his representative character, as he has done. If appellants desired to…
2Cases cited2 opinions
- Littleton v. FritzSupreme Court of Iowa · 1885
- Fowler v. DoyleSupreme Court of Iowa · 1864
3Cited by12 opinions
- State ex rel. McClory v. DonovanNorth Dakota Supreme Court · 1901
- State v. CumminsSupreme Court of Iowa · 1888
- State ex rel. English v. FanningNebraska Supreme Court · 1914
- State v. VanVlietSupreme Court of Iowa · 1894
- State v. GregorySupreme Court of Iowa · 1900
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