Legal Opinion

Batten v. Snearly Bros.

Supreme Court of Iowa

Decided January 14, 1915Published

Appeal from Polk District Court. — Hon. Chas. S. Bradshaw, Judge. Suit to enjoin tbe maintenance of an alleged liquor nuisance. A motion to dismiss was sustained and from this ruling plaintiff appeals.

1Opinion of the CourtLadd, J.

1. Intoxicating liquous : nuisance: action by citizen to enjoin: control by county attorney. A petition praying that defendants be restrained from maintaining a liquor nuisance was filed February 13, 1912, and the original notice was served the 16th and 17th days of the same month. Notice of the hearing of an application for a temporary writ was served and though defendants failed to appear default was not demanded nor was any order entered thereon. An answer by way of a general denial was filed later and a motion by de*363fendants, supported by affidavits, asking that the cause be dismissed.…

2Cases cited4 opinions

  1. Sawyer v. KellySupreme Court of Iowa · 1910
  2. Brennan v. RobertsSupreme Court of Iowa · 1904
  3. Fuller v. McDonnellSupreme Court of Iowa · 1888
  4. Reusch v. LoserthSupreme Court of Iowa · 1913

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