Long v. Joder
| Decision Date | 07 July 1908 |
| Citation | 116 N.W. 1063,139 Iowa 471 |
| Parties | S.E. LONG and A. B. BUSH, Appellants, v. A. T. JODER and JOE SLUSHER |
| Court | Iowa Supreme Court |
REHEARING DENIED, TUESDAY, SEPTEMBER 29, 1908.
Appeal from Blackhawk District Court.-- HON. FRANKLIN C. PLATT Judge.
ACTION to enjoin a liquor nuisance. An injunction was refused and the plaintiffs appeal.-- Reversed and remanded.
Reversed and remanded.
Dunshee & Dorn, for appellants.
Mullan & Pickett, for appellees.
The defendant A. T. Joder is a registered pharmacist, and holds a permit to sell intoxicating liquor on premises owned by the defendant, Joe Slusher. The petition alleges numerous sales of liquor to persons in the habit of using intoxicating liquors as a beverage, and many sales where the requests for the liquor do not give the name of the street or the number of the residence of the purchaser. Sales were also made where the liquor was declared to be for the use of a third person without giving the residence of such person, and sales were made where the requests therefor gave the residence of the purchaser as Grundy county, and one sale was made where the residence was given as "Minnesota." The trial court held the evidence insufficient to show that sales had been made to persons who habitually used intoxicating liquors as a beverage, but found there had been technical violations of the law in a good many instances.
The returns to the auditor showed twelve sales to one purchaser in two months, and, in addition to this, there was evidence tending to show that such person was an habitual user of liquor as a beverage. While the record does not disclose the quantity dispensed at each sale, the sales were frequent enough to clearly indicate the use of liquor as a beverage and we very much doubt the correctness of the finding on the question of fact.
Aside from this, however, the record does show, as said by the trial court, many violations of the law. Code, section 2394 provides that a request must be signed by the applicant "in his true name, truly dated, stating the applicant is not a minor, his residence, for whom and whose use the liquor is required, and his true name and residence, and, where numbered, by street and number, if in a city." As we have already said, sales were made for third persons whose residence was not given, and who the record shows were not members of the applicant's family. The requirement of the statute that the true name and residence of the person for whose use the liquor is purchased must be...
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