Morris v. Lowry
Supreme Court of Iowa
-Appeal from Howard District Court. — FIon. A. N. Hobson, Judge. The petition alleged that defendant was owner of a Building situated on a described lot, in which he kept for sale and had sold, in violation of law, intoxicating liquors, and prayed for the abatement of the nuisance, and that defen•dant be enjoined from engaging in the sale of intoxicating liquors anywhere within the judicial district. The answer was a general denial.
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-Appeal from Howard District Court. — FIon. A. N. Hobson, Judge. The petition alleged that defendant was owner of a Building situated on a described lot, in which he kept for sale and had sold, in violation of law, intoxicating liquors, and prayed for the abatement of the nuisance, and that defen•dant be enjoined from engaging in the sale of intoxicating liquors anywhere within the judicial district. The answer was a general denial. When the cause was called for trial, the defendant filed a bond in accordance with the provisions of section 2410 of the Code, and paid all the costs, whereupon…
1Opinion of the CourtLadd, J.
The language of section 2410 of the Code is so explicit as to leave no room for construction. The first part relates to the cancellation of an order abating a liquor nuisance already obtained by the execution of a bond conditioned that it shall be immediately abated by the owner, and not established again during one year; “and if the proceeding be an action in equity, and said bond be given and costs *545paid therein before judgment and the order of abatement, the action shall be thereby abated.” Every proceeding in court is an action (section 3424, Code) ; and the word “action,” as employed in…
2Cited by3 opinions
- State ex rel. McClory v. DonovanNorth Dakota Supreme Court · 1901
- State ex rel. Heferon v. BlethNorth Dakota Supreme Court · 1910
- Morris v. ConnollySupreme Court of Iowa · 1901