Sims v. Pottawattamie County
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. Walter I. Smith, Judge. Action at law to recover attorney’s fees of the defendant for legal services rendered in prosecuting certain proceedings for contempt for the violation of injunctions restraining the keeping of nuisances by the sale of intoxicating liquors. There was a demurrer to the petition, which was sustained, and the plaintiff appeals.
1Opinion of the CourtRothrock, J.
1 *4432 *442It is unnecessary to set out the averments of the petition, or the grounds of the demurrer. There is but a single question involved in this case. It is as follows: Where an attorney commences an action to enjoin the keeping of a liquor nuisance, and prosecutes it to decree, and afterward prosecutes the keeper of the nuisance for contempt for violation of the injunction, and a fine is assessed against the keeper, is the county liable to the attorney for services in the contempt proceedings? The statute upon which the claim is based is section 5, chapter 73, Acts, Twenty-second, General…
2Cases cited1 opinion
- Newman v. Des Moines CountySupreme Court of Iowa · 1892
3Cited by2 opinions
- Estate of Franke v. WiegandSupreme Court of Iowa · 1896
- McConkie v. LandtSupreme Court of Iowa · 1905