Denmead v. Parker
Supreme Court of Iowa
Four suits to enjoin the maintenance of liquor nuisances were begun in tbe name of the state by the county attorney. In the first, or that against Muelhaupt, Van Buskirk et al., the owners of the premises in which intoxicating liquors were alleged to have been kept for sale and sold in violation of the law were named as defendants, but not notified of the pendency of the action.
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Four suits to enjoin the maintenance of liquor nuisances were begun in tbe name of the state by the county attorney. In the first, or that against Muelhaupt, Van Buskirk et al., the owners of the premises in which intoxicating liquors were alleged to have been kept for sale and sold in violation of the law were named as defendants, but not notified of the pendency of the action. In the second, that against Schmitz, Hiser et al., and in the third, that against Bartley et ah, the owners of such premises were not named as parties. In the fourth, that against' Gifford, Kelly et ah, the owners of…
1Opinion of the CourtLadd, J.
The plaintiff in each of the first three suits had no interest in or title to the premises on wpich the alleged liquor nuisances are said to. have been -maintained. For this reason he can not be heard to complain of the portions of the several decrees which establish the judgments for costs as liens on the premises. But, in the fourth suit, the plaintiffs, C. 1VI. and C. H. Forney are owners of the premises and are entitled to relief, if the decree in this respect is illegal and the procedure adopted is available. It is conceded that plaintiff in the first three suits as well as plaintiffs in…
2Cases cited19 opinions
- Tod v. CrismanSupreme Court of Iowa · 1904
- Hemmer v. BonsonSupreme Court of Iowa · 1908
- Payne v. Fraternal Accident Ass'n of AmericaSupreme Court of Iowa · 1903
- Bardes v. HutchinsonSupreme Court of Iowa · 1901
- Ransom v. CumminsSupreme Court of Iowa · 1885
14 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Tuttle v. HutchisonSupreme Court of Iowa · 1915
- Boynton v. ChurchSupreme Court of Iowa · 1910
- Iowa Power Co. v. HooverSupreme Court of Iowa · 1914
- State ex rel. Egermayer v. KellySupreme Court of Iowa · 1911
- Fisher v. SliphSupreme Court of Iowa · 1912