Clark v. Riddle
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. William G. Thompson, Judge. Suit in equity, to enjoin and abate a liquor nuisance. The defendants pleaded that the so-called “Mulct Law” was in force in their county, and that they had strictly followed the provisions of that law, and were not subject to the general prohibitory liquor laws. The lower court dismissed the plaintiff’s petition, and taxed the costs of the proceedings against her, and-she appeals.-
1Opinion of the CourtDeemer, J.
1 I. The district court found that the prosecution was not actuated by malice, or without probable cause, yet it taxed the costs of the proceedings to the plaintiff. This was manifest error, for the statute under which the proceeding was instituted, provides that: “The costs in case of failure of prosecution, or inability to collect the same from the defendant; shall be paid in the same manner as provided by law for the payment of fees in the case of criminal prosecutions. But nothing herein shall prevent the court trying such action from taxing the costs to the party bringing the same in…
2Cases cited4 opinions
- Grant v. City of DavenportSupreme Court of Iowa · 1873
- State v. ForknerSupreme Court of Iowa · 1895
- State v. FingerSupreme Court of Iowa · 1877
- Bartemeyer v. RohlfsSupreme Court of Iowa · 1887
3Cited by16 opinions
- M. H. Pulaski Co. v. United StatesCourt of Customs and Patent Appeals · 1915
- Hart v. National Masonic Accident Ass'nSupreme Court of Iowa · 1898
- In Re Drumheller's EstateSupreme Court of Iowa · 1961
- Minton ex rel. Smith v. OziasSupreme Court of Iowa · 1901
- State Ex Rel. Lyon v. City ClubSupreme Court of South Carolina · 1909
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