Carter v. Steyer

• Decision Date: 26 January 1895
• Citation: 93 Iowa 533,61 N.W. 956
• Parties: CARTER v. STEYER ET AL.
• Court: Iowa Supreme Court

93 Iowa 533

61 N.W. 956

CARTER

v.STEYER ET AL.

Supreme Court of Iowa.

Jan. 26, 1895.

Appeal from district court, Winneshiek county; W. A. Hoyt, Judge.

Action in equity to enjoin the maintenance of a nuisance caused by the keeping for sale, and selling, in a place specified, intoxicating liquors in violation of law, and to abate the nuisance. The defendants appeared and answered. A demurrer to the answer of the defendant George Higgins was sustained. There was a hearing on the merits, and a decree in favor of the plaintiff. The defendants Mary Steyer and George Higgins appeal. Affirmed.E. R. Acers, for appellants.

John B. Kaye, for appellee.

ROBINSON, J.

The defendant Mary Steyer is the owner of the premises in controversy. The petition was filed December 30. 1892, and alleges that the premises are used and maintained as a place for keeping intoxicating liquors with intent to sell them in violation of law, and as a place for selling such liquors as a beverage in violation of law, with the knowledge of Mary Steyer; and that the defendants Arthur Lamont and George Higgins occupy the premises for the illegal purposes alleged. The defendant Lamont denied all the allegations of the petition so far as they charged him with any illegal acts, and averred that he had no business relations with his codefendants, and nothing whatever to do with the premises in question. On the final hearing, the action was dismissed as to him, and he is not concerned in this appeal. Mary Steyer denies all the allegations of the petition. Higgins does the same, and, in addition, pleads that he is already under injunction restraining him from illegally selling, and from illegally keeping for sale, intoxicating liquors in the city of Decorah and elsewhere in the Thirteenth judicial district; that the injunction was perpetual, and was decreed by the district court of Iowa in and for Winneshiek county, on the 18th day of February, 1891.

1. The answer of Higgins sets out a copy of the decree upon which he relies as a defense. That shows that the action was commenced by J. L. Cameron against Eric Tostenson and “English George”; that the real name of English George was not known, but that it was supposed to be George Higgins; that Tostenson was alleged to be the owner of lot 8 and a part of lot 9 in block 14 in Decorah, and of the buildings thereon; and that both defendants were accused of and adjudged to be maintaining a nuisance on the premises described, by keeping therein for illegal sale, and by illegally selling therein, intoxicating liquors. The decree, in terms, perpetually enjoined both defendants from keeping, selling, giving away, or storing in the premises described, or elsewhere in the judicial district, any intoxicating liquors in violation of law. The premises in controversy in this action were a part of lot 1 in block 3 in Decorah. The demurrer sustained by the court was to that part of the answer of Higgins which pleads that he is already enjoined from committing the acts which are charged against him. Section 4 of chapter 73 of Acts of the 22d General Assembly provides that injunctions granted to restrain the illegal sale and the illegal keeping for sale of intoxicating liquors “shall be binding on the party or parties enjoined throughout the judicial district in which the action is brought. And any person enjoined in such action who shall, while such injunction remains in force, again engage in, or be in any manner...