84 Iowa 394 | Iowa | 1892
The petition to which the demurrer was sustained is in these words:
“Paragraph 1. Plaintiff states that he is a citizen of Clayton county Iowa.
“Paragraph 2. That the defendant, Clark Ellen-bolt, in a building on an island in the Mississippi river, opposite the county of Clayton, south of the north line and north of the south line of said county, and known as ‘Clark Ellenbolt’s Saloon,’ and also known as the ‘Lone Star Number 1,’ has established and is maintaining a place for the illegal sale of intoxicating liquors, and does sell and keep therein with intent to sell, contrary to law, intoxicating liquor.
“Paragraph 3. That, by such sale and keeping with intent to sell, contrary to law, intoxipatingdiquor in said building, the said defendant has established and is keeping and maintaining m-puisance; wherefore plaintiff prays that a decree-be entered abating said nuisance, and a writ of / abatement issue therefor; that a temporary writ of injunction issue against the defendant restraining him from further sale or keeping with intent to sell, contrary to law, of intoxicating liquor in the thirteenth judical district of Iowa, and on the Mississippi river, and the islands in the Mississippi river opposite said district, and that on the final hearing said injunction be made perpetual: and that plaintiff have judgment for costs, including attorney fees, and for general relief.”
The demurrer is to the effect that the petition does not show that the district court has jurisdiction of the action. The assignment of error upon which the appeal is founded is that “the court erred in hold
In our opinion, the demurrer to the petition was rightly sustained. — Affirmed.