Hall v. Coffin

• Decision Date: 18 May 1899
• Citation: 108 Iowa 466,79 N.W. 274
• Parties: HALL v. COFFIN ET AL.
• Court: Iowa Supreme Court

108 Iowa 466

79 N.W. 274

HALL

v.COFFIN ET AL.

Supreme Court of Iowa.

May 18, 1899.

Appeal from district court, Tama county; Obed Caswell, Judge.

Action in equity for the abatement of an alleged nuisance, and to enjoin the defendants from maintaining a place in which to sell or to keep for sale intoxicating liquors in violation of law. There was a hearing on the merits, and a decree in favor of the defendants for costs. The plaintiff appeals. Reversed.Daniel Reamer, for appellant.

O. H. Mills and H. J. Stiger, for appellee.

ROBINSON, C. J.

The petition in this case was filed in April, 1896. It alleges that the defendants are registered pharmacists, and that the defendant R. M. Coffin is the owner of a lot, which is described, and of the building thereon; that he is the owner of certain intoxicating liquors kept for illegal sale in the premises; and that the defendants established, kept, and maintained prior to the filing of the petition, and were then keeping and maintaining, a place for the sale of intoxicating liquors as a beverage in violation of law. The defendants admit that they are registered pharmacists, and that R. M. Coffin is the owner of the premises, and of intoxicating liquors and furniture and fixtures kept therein, and deny all allegations of the petition not thus admitted.

1. It is shown that R. M. Coffin made numerous sales of intoxicating liquors during the time commencing with November, 1895, and ending with October, 1897. In November and December, 1895, he made to J. W. Shively, on 19 different days, sales which included beer, brandy, whisky, and alcohol. When beer was sold the quantity was usually two bottles. The alcohol, brandy, and whisky were sold by the half pint. During the same time there were made to Frank Morrison 30 different sales of brandy, each sale but for one half a pint. The sales to these two men were nearly the same in January and February, 1896, and were continued during the year, although less frequently made, and sales were made to them in 1897. Numerous sales of the same kind were made to others, and among them were many to men who drank intoxicating liquor as a beverage, and sometimes became intoxicated, although we are of the opinion that but one of them is shown to have been in the habit of becoming intoxicated when the sales were made to him. The large number of sales regularly made to the same person, and the character and habits of sobriety of several of those to whom they were made,...