159 Iowa 67 | Iowa | 1913
Certain statements of general consent to the sale of intoxicating liquors in the city of Oskaloosa, under the so-called “Mulct Law,” were canvassed by the board of supervisors of Mahaska county on December 26, 1910, and by that board held insufficient. Proper parties prosecuted an appeal to the district court of Mahaska county; and, upon a hearing there, the court found the statements sufficient. The decree so finding was entered on the 7th day of April, 1911. Appeal was taken to* this court, and on February 13, 1912, an opinion was filed reversing the finding of the district court and holding, in effect, that the statements of consent were insufficient. See In re Consent.to Sell Intoxicating Liquors in City of Oskaloosa, 155 Iowa, 149. On February 17, 1912, the defendant parties filed a petition for rehearing of the case, and, upon
Each of the defendants herein, having complied with all the provisions of the Mulct Law', save, perhaps, as to the filing of sufficient statements of general consent, opened saloons in the city of Oskaloosa on the 1st day of July, 1911, and eoninued to operate them until the 31st day of March, 1912, when they closed their establishments and ceased doing business. They quit because of the adverse decision of this court, and by reason of the fact that the term for which they had paid their tax expired on the last-named date, and they did not care to take the chance of paying for another quarter. The state contends that, as it was finally held the statements of consent were insufficient, such finding related back to the time of the filing thereof, and the acts of the defendants were at all times unlawful because the statements of consent were, in fact, insufficient, as finally determined by this court. On the other hand, it is argued that defendants had the right to rely upon the decree of the district court finding the statements sufficient, and that this decree was valid until reversed, and afforded adequate protection until set aside upon appeal. They further contend that they voluntarily closed their saloons and ceased doing business before the trials in the district court and do not intend to re-engage fin the business until it becomes lawful or permissive for them to do so.
The actions were, in fact, commenced on the 15th day of February, 1912, which was two days after the original
In Hammond v. Waldron, 153 Iowa, 434, we held that a finding by the district court of the sufficiency of the petitions or statements of consent was self-executing and was not stayed by appeal; and the ordinary rule is that a judgment or decree is binding and effective, although an appeal be taken retaining its force and vitality until reversed by a superior court. Watson v. Richardson, 110 Iowa, 698; Phillips v. Germon, 43 Iowa, 101; Loomis v. McKenzie, 57 Iowa, 77; Lindsay v. Clayton Dist. Ct., 75 Iowa, 509.
The decrees seem to be correct, and they are each and all Affirmed.