Commentaries on the Law of Injunctions; As Determined by the Courts and Statutes of England and the United States Volume 2

Commentaries on the Law of Injunctions; As Determined by the Courts and Statutes of England and the United States Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ...maintain the action forthe public bent-fit. In Dickinson 0. Eichorn, 78 Iowa, 710; 43 N. W. Rep. 620, it is said that in such cases ' the plaintiff, as a citizen of the county, stands for and represents the public.' We have held that a proceeding in such cases to punish for a contempt is properly brought under the title of the equity case. llianderschcid v. District Court, 69 Iowa, 242; 28 N. W. Rep. 551. It follows, then, that in a proceeding to make the fine imposed in the contempt proceedinga lien upon real estate of one who knowingly permits her premises to be used in thus violating the law, and the order or mandate of the court, it is proper that the same person be plaintiff as in the original equity action and in the contempt proceedlug." 'Newcomer n. Tucker (Iowa, 1893), 56 N. W. Rep. 499, per Rothrock, J.: " The case appears to be in all respects like Buhlman 1: . Humphrey (Iowa 1892), 53 N.W.Rcp. 3l8, where it was held that a subsequent purchaser of the premises, or his lessee, was not liable for the violation oi.' the injunction, because he was not within the terms of the decree. In that case counsel for the attachmcnt for contempt insisted that the case of Silvers v. Traverse (1891), 82 Iowa, 52; 47 N.W.Rep. BB8, was authority for sustaining the proceedings in contempt. But this position was not sustained by this court, because in the last-named case the decree enjoined 'all persons from using or occupying the premises for the unlawful keeping or trafiic in intoxicating liquors.' The cases were therefore held to be distinguishable." 'State v. Lawler (Iowa, 1892), 52 N. W. Rep. 400. 'Littleton 0. Harris, 78 Iowa, 167. Where, in an action for the abatement of a nuisance, and to...show more

Product details

  • Paperback | 402 pages
  • 189 x 246 x 21mm | 717g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123694481X
  • 9781236944818