State v. Tate

Decided October 20, 1915

Supreme Court of Iowa · decided 1915-10-20

— Hon. D. M. Anderson, Judge. Jack White was indicted for maintaining a liquor nuisance in a certain building in the city of Ottumwa and pleaded guilty. Thereupon, a fine of $300 was assessed against him, carrying costs, including attorney fees, and a writ of abatement issued, directing the sheriff, among other things, to effectually close the building one year. White appeals.

Dismissed · Decided 1915-10-20

Ladd, J.

¶1appeal? want7: appellant? m The two cases are submitted together. White was convicted under one indictment and Tate and Link under another, each alleging the maintenance of a liquor nuisance in a certain building; and in each ease a writ of abatement was issued, ordering the sheriff to securely close the building for one year. The parties stipulated that none of them owned any interest in the premises described and that the fines and costs had been paid. Manifestly, then, defendants are in no manner concerned in whether the buildings are securely closed or not; and, as they have no interest in the controversy, their appeal should be and is — Dismissed.

Deemer, C. J., Gaynor and Salinger, JJ., concur.