126 Iowa 128 | Iowa | 1904
The statute in question, so far as the point now under consideration is involved, is practically the same as. section 1530 of the Code of 1873, which provided for the granting of permits to sell intoxicating liquors by the board of supervisors of the county, and under that statute we held that a remonstrant became, in effect, a party to the proceeding, with the right to have it reviewed and the errors and irregularities therein corrected. Darling v. Boesch, 67 Iowa, 702. The second clause of section 4101 of the Code provides for an appeal from “ a final order made in special actions affecting a substantial right therein.” We think there can be no question that the trial of an issue of this kind is a special action or proceeding, or that the granting of or the refusal to grant a "permit is a final order within the meaning of the statute. We so held, in effect, in State of Iowa v. Schmidtz, 65 Iowa, 556. Furthermore, we held therein that an appeal would lie. The motion to dismiss is therefore overruled, as is also the motion to strike the abstract.
We are of opinion that a mistake was made in granting a permit in this case, and the judgment is reversed.