Halfman v. Spreen
| Decision Date | 03 October 1888 |
| Citation | 39 N.W. 512,75 Iowa 309 |
| Parties | HALFMAN et al. v. SPREEN |
| Court | Iowa Supreme Court |
Decided October, 1888
Appeal from Lee District Court.--HON. J. M. CASEY, Judge.
ACTION in chancery to restrain and enjoin defendant from maintaining a nuisance by keeping a saloon wherein are sold intoxicating liquors in violation of law. The district court entered a judgment against defendant for costs, but dismissed the petition of the plaintiff and intervenor. The intervenor Andrews appeals.
REVERSED.
Newman & Blake, for appellant.
No appearance for appellee.
I.
The plaintiff Andrews became a party to the action upon his petition of intervention. The original petition was filed May 19, 1886, and the intervenor's petition was filed July 7 1886. The defendant, in his answer, admits that when the original petition was filed he kept a saloon in the building therein described, but he alleges that when his answer was filed, February 3, 1888, he had quit the business, and was not then keeping a saloon. The evidence shows that until a motion for a temporary injunction was made in this case, on the third day of February, 1888, defendant was engaged in keeping the saloon as he had been when the action was commenced, but that after that date he quit selling intoxicating liquors. The district court, on the ground doubtless, that defendant, at the time of the trial, February 3, 1888, was not engaged in selling intoxicating liquors, and had not been after January 30, 1888, dismissed the petition, declining to enter a decree providing for the abatement of the nuisance, but entered a judgment against defendant for costs, including fees allowed to plaintiff's counsel. Defendant does not appeal, and no question therefore arises as to the correctness of the action of the court in rendering judgment against defendant for costs after dismissing the petition.
II. The district court ought, upon the evidence, to have rendered a decree abating the nuisance, and enjoining defendant from maintaining it by the unlawful sale of intoxicating liquors. The evidence required such a decree, in view of the fact that it was shown and admitted by defendant in his answer that since the commencement of the action, and up to three or four days before he filed his answer and the trial, he had been engaged in keeping a saloon. The court will not hear with favor and indulgence a defendant admit that for years...
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