Gray v. Stienes
Supreme Court of Iowa
Appeals from a decision of Hon. G. H. Lewis, Judge of the District Court of Plymouth County. These actions were brought for the purpose, of obtaining an injunction in each case, to prevent the use of premises in the city of Le Mars in the business of selling liquor in violation of law. In each case there are made defendants the persons alleged to be engaged in the business, and the owners of the premises, and the premises themselves.
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Appeals from a decision of Hon. G. H. Lewis, Judge of the District Court of Plymouth County. These actions were brought for the purpose, of obtaining an injunction in each case, to prevent the use of premises in the city of Le Mars in the business of selling liquor in violation of law. In each case there are made defendants the persons alleged to be engaged in the business, and the owners of the premises, and the premises themselves. No appearance was made for the persons alleged to be engaged in the business, but the owners of the premises filed a demurrer to the petition, and also an…
1Opinion of the Court
Adams, Ch. J.
I. The petition averred, in substance, that the business of selling liquor in violation of law was being conducted with the permission of the owners of the premises. It was not averred that the premises were leased for that purpose, nor that the persons engaged in the business had the owners’ consent. But, in our opinion, that was not necessary. If they permitted the unlawful business, as the petition averred, and it is not denied, they must have knowingly acquiesced in it. Knowledge of the thing permitted is involved in the very idea of permission. The occupants, by carrying on…
2Cases cited1 opinion
- Martin v. BlattnerSupreme Court of Iowa · 1886
3Cited by8 opinions
- Tuttle v. PolkSupreme Court of Iowa · 1894
- Underwood v. State Board of Alcoholic ControlSupreme Court of North Carolina · 1971
- Carter v. BartelSupreme Court of Iowa · 1900
- Larson v. ChristiansonNorth Dakota Supreme Court · 1905
- State v. WilliamsSupreme Court of Iowa · 1894
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