Abrams v. Sandholm

• Decision Date: 11 February 1903
• Citation: 93 N.W. 563,119 Iowa 583
• Parties: H. H. ABRAMS, Appellant, v. JOHN A. SANDHOLM
• Court: Iowa Supreme Court

93 N.W. 563

119 Iowa 583

H. H. ABRAMS, Appellant, v. JOHN A. SANDHOLM

Supreme Court of Iowa, Des Moines

February 11, 1903

Appeal from Polk District Court.--HON. C. P. HOLMES, Judge.

ACTION in equity, under Code, section 2384, to enjoin defendant from maintaining a liquor nuisance. Defendant's motion for more specific statement was sustained, and, plaintiff electing to stand on his petition, judgment was rendered for the defendant, from which plaintiff appeals.

Reversed.

E. R Acres for appellant.

J. A McCall for appellee.

OPINION

MCCLAIN, J.

The essential allegations in the petition filed by plaintiff are that defendant has established, and is keeping, using, and maintaining a certain building, described, as a place for the sale of intoxicating liquors in violation of law, and as a place for the keeping of intoxicating liquors with intent to sell the same in violation of law; also that defendant has heretofore, from day to day, illegally sold intoxicating liquors in said building and at said place, and has kept intoxicating liquors in said building and at said place from day to day for the purpose and with intent to sell the same contrary to law.

In a motion for more specific statement, sworn to by defendant, it is stated, as matter of fact, that defendant is a registered pharmacist, and has a permit to keep and sell intoxicating liquors on the premises in the plaintiff's petition described; and, on the ground that the petition does not state when or to whom defendant sold intoxicating liquors in violation of law, defendant asks the court that plaintiff be required to state in what way defendant has violated the law relative to the sale of intoxicating liquors, and to specify in his petition the illegal sales made by defendant, if any such were made; giving the names of the persons to whom said sales were made, and the time the same were made, and the particulars constituting the illegality thereof.

No doubt, a general allegation, such as that contained in this petition, is, in general, sufficient, for in this state the keeping of intoxicating liquor for sale is unlawful, and if the defendant desires to bring himself within an exception as by showing a permit, he should plead the fact. At any rate, it has been so held as to an indictment for maintaining a liquor nuisance. State v. Jordan, 39 Iowa 387. Of course, as the mere fact of the possession of liquor is evidence of keeping for illegal sale (Code, section 2427,) it would not be necessary, in an ordinary case, to charge specifically the particular illegal purpose, or the particular illegal sales, in charging the maintenance of the nuisance. Under the provisions of Code, section 3630, the court may, on motion of a party, require the pleading of the adverse party to be made...