Legal Opinion

Craig v. Werthmueller

Supreme Court of Iowa

Decided October 22, 1889PublishedCited by 10 opinions

Appeal from Des Moines District Court. — Hon. C. H. Phelps, Judge. May 18, 1886, the plaintiff filed his petitions against each of the defendants, charging them, respectively, with keeping and maintaining a place for the sale of, and selling, intoxicating liquors as a beverage, contrary to law, thereby creating a nuisance, and praying that the same be abated. The defendants, having answered, filed their petitions for removal, and the cases were removed to the federal court.

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Appeal from Des Moines District Court. — Hon. C. H. Phelps, Judge. May 18, 1886, the plaintiff filed his petitions against each of the defendants, charging them, respectively, with keeping and maintaining a place for the sale of, and selling, intoxicating liquors as a beverage, contrary to law, thereby creating a nuisance, and praying that the same be abated. The defendants, having answered, filed their petitions for removal, and the cases were removed to the federal court. On January 17, 1888, the cases were remanded, and, having been redocketed, June 27, 1888, the plaintiff filed amendments…

1Opinion of the CourtGiven, C. J.

I. Appellants’ counsel have assigned-errors, and seemingly argú'ed the case upon the theory that we are to review the proceedings in the district court upon the assignment of errors. These cases, being in equity, are before us to be tried anew.

3- liquors: unlawful sales: nuisance: evidence. Under the issues our first inquiry is, does the testimony show that the defendants sold or kept intoxicating liquors for sale within this state contrary to law ? The only testimony before us is the ^ agreed statement of facts and the monthly ° - reports of the defendants. The monthly reports of…

2Cases cited1 opinion

  1. Hey Sing Ieck v. AndersonCalifornia Supreme Court · 1881

3Cited by10 opinions

  1. Woods v. CottrellWest Virginia Supreme Court · 1904
  2. City of Shreveport v. Kansas City, S. & G. Ry. Co.Supreme Court of Louisiana · 1929
  3. State ex rel. Kern v. JeromeWashington Supreme Court · 1914
  4. State v. RoySupreme Court of Louisiana · 1922
  5. State v. McEnturffSupreme Court of Iowa · 1893

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