McCoy v. Clark
Supreme Court of Iowa
Appeal from Appanoose District Court. — Hon. F. W. Eicjielberger, Judge. AcxiON to enjoin the defendant from keeping and maintaining a nuisance in a building described by therein keeping for sale and selling intoxicating liquors in viola-ton of law, and to abate the nuisance.
Read the full summary
Appeal from Appanoose District Court. — Hon. F. W. Eicjielberger, Judge. AcxiON to enjoin the defendant from keeping and maintaining a nuisance in a building described by therein keeping for sale and selling intoxicating liquors in viola-ton of law, and to abate the nuisance. The court found the existence of the nuisance to be established, and plaintiffs attorneys presented for approval a form of decree ordering the destruction of the liquors, the removal and sale of the fixtures, furniture, vessels, and movable property used in conducting the unlawful business, and that the sheriff •of the…
1Opinion of the Court
Given, J.-
I. Sections 2408 and 2410 of the Code are as follows:
“Sec. 2408. Abatement. If the existence of the nuisance be established in a civil or criminal action, an order of abatement shall be entered as a part of the judgment in the case; which order shall direct the destruction of the liquor, the removal from the- building or place of all fixtures, furniture, vessels or movable property used in any way in conducting the unlawful business and sale thereof, in the manner provided for the sale of chattels under execution, and the effectual closing of the building, erection or place against…
2Cases cited1 opinion
- Craig v. WerthmuellerSupreme Court of Iowa · 1889
3Cited by6 opinions
- State ex rel. English v. FanningNebraska Supreme Court · 1914
- State Ex Rel. Seeburger v. PickettSupreme Court of Iowa · 1926
- Lewis v. BrennanSupreme Court of Iowa · 1909
- Smith v. FosterSupreme Court of Iowa · 1912
- Davidson v. BradfordSupreme Court of Iowa · 1927
1 more not listed; retrieve them via the Exa API.