State v. Hibner
| Decision Date | 22 October 1901 |
| Citation | 87 N.W. 741,115 Iowa 48 |
| Parties | STATE v. HIBNER ET AL. |
| Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from district court, Linn county; W. G. Thompson, Judge.
This action in equity is to enjoin the defendant Hibner, as keeper, and the defendant Jamison, trustee, as owner, from maintaining a liquor nuisance on the premises described. The defendants answered separately, and thereafter defendant Hibner filed a request in writing, signed by Mrs. Sanders, asking the court to dismiss the action. It appearing to the court (Judge Remley presiding) that defendant Hibner had secured this writing from the plaintiff by a payment of $10, the court refused to dismiss the case, and ordered that the state be substituted as party plaintiff, and that the case proceed under the direction of the county attorney, “with the other counsel assisting, if they desire.” The case came on for trial before Judge Thompson, and, after full hearing, a decree was entered dissolving the temporary injunction, and the plaintiff's petition was dismissed, from which plaintiff appeals. Reversed.W. O. Clemans, Rickel & Crocker, and John A. Reed, for appellant.
F. L. Anderson and Jamison & Smyth, for appellees.
1. The defendant objected to any other counsel appearing for the state than the county attorney, he being present. If this may be said to be a ruling on the objection, and to be erroneous, it was without prejudice to the state, as the county attorney appears to have been fully conversant with the case, and capable of conducting the examination.
2. Witnesses Perigo and Mefferd having testified to a sale of liquors in defendant's place by the clerk during the carnival, one Jackson testified that he was clerk, and that defendant did not keep any liquors to his knowledge. He was asked on cross-examination: “Did you sell any whisky to anybody looking like these gentlemen during the carnival?” And to this defendant's objection was sustained. The question was proper cross-examination. One Anderson having testified that he and Sanders got whisky at Hibner's place, Hibner testified that he never sold them whisky or liquor, and on cross-examination said that he did not keep any whisky or beer during carnival week. He was then asked if he had any empty bottles back of his prescription case, to which defendant objected as not proper cross-examination, and the objection was...
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