Stevens v. Dist. Court in & for Woodbury Cnty.

• Decision Date: 17 February 1925
• Docket Number: No. 36493.,36493.
• Citation: 202 N.W. 211
• Parties: STEVENS v. DISTRICT COURT IN AND FOR WOODBURY COUNTY ET AL.
• Court: Iowa Supreme Court

202 N.W. 211

STEVENS

v.DISTRICT COURT IN AND FOR WOODBURY COUNTY ET AL.

No. 36493.

Supreme Court of Iowa.

Feb. 17, 1925.

Appeal from District Court, Woodbury County; C. C. Hamilton, Judge.

Original proceeding in certiorari. Writ annulled. Affirmed.John F. Joseph, of Sioux City, for plaintiff.

Yeaman & Yeaman, of Sioux City, for defendants.

ARTHUR, J.

A decree was entered in the Woodbury district court in an equity cause, wherein Fred Ulrich was a party defendant, permanently enjoining said Fred Ulrich from maintaining a liquor nuisance in a building located at 610 Clark street, Sioux City. He was enjoined from handling, disposing of, or trafficking in intoxicating liquors within the state. Information was filed by C. E. Stevens charging said Fred Ulrich with violating the injunction issued in the above-mentioned case, in that he has, since the date of said injunction, sold, kept for sale, bootlegged, and permitted and allowed the sale of intoxicating liquors, in violation of said injunction, on the streets of Sioux City, Iowa. Ulrich was brought before the respondent court on warrant issued in pursuance of said information, and a hearing had.

II. The prosecution produced two policemen as witnesses, who testified that when they were driving in an automobile on Clark street they discovered a Ford touring car standing on Clark street in front of No. 612, a short distance from the building in which Ulrich had been enjoined from maintaining a nuisance; that the automobile was occupied by Ulrich and a boy about 19 years old by the name of Ferrill, a nephew of Ulrich; that one of the men was in the front seat, and the other standing beside the car; than when they neared the Ford car, the man who was standing got into the car and the two men sat in the front seat; that they noticed Ulrich say something to Ferrill, and Ferrill turned around and took up a glass gallon jug that was sitting in the car between the seats and broke the jug over the door of the car. Half of the jug and its contents spilled into the street and the other half into the car; that they dipped up some of the contents of the jug and preserved it and placed it in the hands of a chemist for analysis. The chemist testified that he made an analysis of the article which came into his hands, and found that it was diluted alcohol and contained alcohol of 45.04 per cent. alcohol by volume, and in his opinion was intoxicating liquor.

Ulrich testified that he was in the car at the...