Littleton v. Harris

• Decision Date: 26 October 1887
• Citation: 73 Iowa 167,34 N.W. 800
• Parties: LITTLETON v. HARRIS AND OTHERS.
• Court: Iowa Supreme Court

73 Iowa 167

34 N.W. 800

LITTLETON

v.HARRIS AND OTHERS.

Supreme Court of Iowa.

October 26, 1887.

Appeal from circuit court, Polk county; JOHN HENDERSON, Judge.

This is an action in equity, by which it is sought to enjoin the defendants from keeping a place for the sale of intoxicating liquors contrary to law. There was a decree for the plaintiff, and the defendants appeal.W. S. Sickmon, for appellants.

Baker, Bishop & Haskins, for appellee.

ROTHROCK, J.

1. It is alleged in the petition that the plaintiff is a resident and citizen of Polk county. The defendants answered by a general denial of all the allegations of the petition. There was no proof introduced by the plaintiff in support of the averment of residence and citizenship. Appellants claim that the decree was not authorized by law, without such proof. It is true that the law requires that the action may be maintained by “any citizen of the county where such nuisance exists,” (section 12, c. 143, Acts 20th Gen. Assem.,) and the fact of such residence may be put in issue. But the mere general denial of the allegations of the petition are insufficient to raise the issue. The plaintiff is authorized to maintain the action, because of his capacity as a citizen of the county; and a general denial of such capacity presents no issue. Code, § 2717.

2. It is claimed in behalf of the appellant W. W. Moore, the owner of the building in which the nuisance was kept and maintained, that there was no evidence upon which to justify a decree against him. The evidence shows that the room where the saloon was kept was leased by Moore to the other defendants, and that by the terms of the lease the lessees were prohibited from carrying on any unlawful business in the building. The evidence further shows that the saloon in question was frequently searched by officers, and beer and other intoxicating liquors found therein; that it was not only supplied with a bar, glasses, and the ordinary furniture and fixtures of a saloon, but that it had concealed places for keeping the liquors. One ingenious contrivance was a pump, connected with a beer keg in the basement, by which a bar-keeper, standing behind the bar arrayed in his white apron, could pump beer for the customers. In case of a descent upon the place by officers, the pump was so arranged that, instead of raising the beer to the bar, it could be pumped from the keg into a sewer before the officers could seize the keg. At one time, one of the...