Drake v. Kingsbaker
Supreme Court of Iowa
Appeal from Wapello District Court. This is an action in equity for an injunction to restrain the appellant, and other parties who1 were made defendants, from selling intoxicating liquors upon certain premises owned by the appellant. A hearing was had, which resulted in a decree against all of the defendants, at their costs. B. Kingsbaker appeals.
1Opinion of the CourtRothrock, J.
The facts in the case are not the subject of dispute. It appears that the appellant is the owner of a certain building in the city of Ottumwa. On the 9th day of December, 1886, he leased the first story of the building to Thomas Egan. The lease was in writing, and contained a stipulation in these words : “ The second party [Egan] covenants that he will use said premises as a restaurant, and that he specially will not use said premises for unlawful purposes ; and it is further agreed that, if said building shall be used for unlawful purposes, the first party may put second party out on giving…
2Cases cited1 opinion
- Martin v. BlattnerSupreme Court of Iowa · 1886
3Cited by11 opinions
- State v. KnappSupreme Court of Iowa · 1916
- State Ex Rel. Seeburger v. PickettSupreme Court of Iowa · 1926
- State ex rel. Kelly v. NelsonNorth Dakota Supreme Court · 1904
- Denmead v. ParkerSupreme Court of Iowa · 1910
- State v. DouglassSupreme Court of Iowa · 1888
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