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70 Iowa 757

Bloomer v. Glendy

Supreme Court of Iowa

Decided December 8, 1886

Supreme Court of Iowa · decided 1886-12-08

Aotions for the abatement of nuisances, and to enjoin defendants from maintaining and continuing the same. The district court rendered judgment as prayed for in the petition, and defendants appealed.

Decided 1886-12-08

Reed, J.

¶1The complaint of the appellants in these cases is that the evidence introduced in the district court did not warrant the court in entering judgment for plaintiff. The defendants did not answer in either case. It is alleged in the petition in each case that, in a building which is specifically described, the defendants had established, and were maintaining, a place for the sale of intoxicating- liquors, contrary to the statutes of the state, and that in said building they kept such liquors for sale, contrary to law, and there sold the same unlawfully. These allegations, not being controverted, must be deemed true. Code, § 2712; Alexander v. Doran, 13 Iowa, 283; Singer Manuf'g Co. v. Billings, 39 Id., 347. The material facts upon which plaintiffs’ right of recovery depended being admitted, or, what amounts to the same thing, being uncontroverted, it was not necessary for them to introduce any evidence whatever.

¶2Affirmed.

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