Merryfield v. Swift
Supreme Court of Iowa
Appeal from Keokuk District Court. — Hon. D. Ryan, Judge. This is an action in equity to enjoin the continuance of a liquor nuisance. Swift made default. A decree was entered against the defendants, abating the nuisance, enjoining the carrying on of the business, and ordering the building closed for one year; also, that the furniture, fixtures, and movable property in said building be sold, and the proceeds of such sale applied in payment of the costs.
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Appeal from Keokuk District Court. — Hon. D. Ryan, Judge. This is an action in equity to enjoin the continuance of a liquor nuisance. Swift made default. A decree was entered against the defendants, abating the nuisance, enjoining the carrying on of the business, and ordering the building closed for one year; also, that the furniture, fixtures, and movable property in said building be sold, and the proceeds of such sale applied in payment of the costs. The costs, including attorney’s fees and costs of abatement and sale, were decreed to be a lien upon said real estate. The defendant Kraner…
1Opinion of the CourtKinne, C. J.
The defendant Kraner owned a building in the town of Hedrick, in Keokuk county, Iowa. He resided in the city of Ottumwa. The defendant Swift, in September, 1895, without any lease from Kraner, and without his knowledge or consent, entered said building, and for two or three days illegally sold liquor therein. These sales and Swift’s occupancy of the building had ceased prior to the time the petition in this case was filed. Under these facts there was no occasion to commence this action against the owner of the building. Swift was a trespasser upon the premises. He had no right there whatever,…
2Cases cited5 opinions
- Drake v. KingsbakerSupreme Court of Iowa · 1887
- Morgan v. KoestnerSupreme Court of Iowa · 1891
- State v. LawlerSupreme Court of Iowa · 1892
- State v. SeversonSupreme Court of Iowa · 1893
- State v. PriceSupreme Court of Iowa · 1894
3Cited by2 opinions
- Black v. State ex rel. District Attorney-GeneralTennessee Supreme Court · 1914
- State ex rel. Kelly v. NelsonNorth Dakota Supreme Court · 1904