Legal Opinion

Herschler v. Staley

Supreme Court of Iowa

Decided October 28, 1916Published

Appeal from Plymouth District Court. — W. D. Boies, Judge. Action in equity to enjoin an alleged liquor nuisance. There was a trial to the court, and plaintiff’s petition was dismissed. Plaintiff appeals.

1Opinion of the CourtPreston, J.

Some time in the year 1913 plaintiff filed her petition against 6 or 7 defendants, alleging that they were maintaining a nuisance in a certain building described in the petition. A temporary injunction was issued on the 31st day of May, 1913, against 4 of the defendants. During the examination of the first witness for plaintiff, counsel for plaintiff conceded of record that he had made no proper showing against defendants Conley, Becker, Randall and Swartz, and that he claimed simply, by the admissions of the defendant Staley, and by the testimony, to have established, within the time covered…

2Cases cited4 opinions

  1. Tuttle v. BuntingSupreme Court of Iowa · 1910
  2. Bowers v. MaasSupreme Court of Iowa · 1912
  3. State v. HarrisonSupreme Court of Iowa · 1913
  4. Sowles v. MartensSupreme Court of Iowa · 1913

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