167 Iowa 70 | Iowa | 1914
The petition alleges that defendants maintain a certain building or place in the town of Pierson in which they unlawfully keep for sale and sell intoxicating liquors, and prays an injunction restraining them from continuing the nuisance so created. The answer admits the ownership of the
Unless the defendants want to introduce some evidence in this case a motion to dismiss will be in order.
Thereupon defendant’s counsel moved for a dismissal because of the insufficiency of the evidence, and the motion was sustained. It was from this order the plaintiff appeals.
Further discussion is unnecessary. The statute ’ is too clear and explicit for construction, and the court has no discretion or option save to enforce it as it is written. Counsel for appellant say in argument that no evidence was offered showing that defendants had ever sold liquor upon these premises, or that they had any control over the basement where the liquor was found. Upon the first point it is sufficient