Madalozzi v. Anderson

Supreme Court of Iowa

Madalozzi v. Anderson

209 N.W. 274, 202 Iowa 104

CourtSupreme Court of Iowa

DecidedJune 21, 1926

StatusPublished

Cited by1 cases

This text of 209 N.W. 274 (Madalozzi v. Anderson) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Madalozzi v. Anderson, 209 N.W. 274, 202 Iowa 104 (iowa 1926).

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Opinion

Faville, J.

The petitioner rested under a permanent injunction, restraining him from the manufacture or sale of intoxicating liquors. A large still, with other paraphernalia and ingredients used in the manufacture of intoxicating liquors, was discovered in a cave on a farm some ten miles distant from the petitioner’s home, in an adjoining county. The petitioner is an Italian, and in the cave, among other things, was discovered a newspaper printed in Italian, and addressed to the petitioner. The farm upon which the cave was discovered was adjacent to an unfrequented road. There was evidence tending to show that, shortly prior to the discovery of the cave, the petitioner had been frequently seen traveling on the road which leads in the direction of said farm. The petitioner was also seen, a number of times shortly before the search of the cave, by members of the family that lived upon the adjoining farm, in the immediate vicinity of said farm. The record also tends to show that his visits in that locality ceased after the discovery and search of the cave.

This action is in certiorari, and is not triable de novo in this court.

It is not necessary, to sustain a conviction of contempt, that the proof establish the same beyond a reasonable doubt. Nies v. Jepson, 174 Iowa 188; Nies v. Anderson, 179 Iowa 326; State v. Mullan, 185 Iowa 794; Bird v. Sears, 187 Iowa 75; Kochen v. District Court of Woodbury County, 198 Iowa 1.

The sole contention of the petitioner is that the evidence is *106 insufficient to sustain tbe order of tbe court punishing tbe petitioner for contempt. Tbe evidence in tbe case is sueb tbát'we cannot bold that tbe action of tbe trial court in finding tbe petitioner guilty of contempt was illegal and unwarranted. Tbe order of-tbe lower court bas substantial and adequate support in tbe record. Direct proof is not essential. Tbe violation of tbe injunction may- be shown by circumstantial evidence.

Tbe writ of certiorari is therefore ordered annulled, and tbe order of tbe district court is in all respects — Affirmed.

De Graef, C. J., and Stevens and Vermilion, JJ., concur.

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Faville, J.

The petitioner rested under a permanent injunction, restraining him from the manufacture or sale of intoxicating liquors. A large still, with other paraphernalia and ingredients used in the manufacture of intoxicating liquors, was discovered in a cave on a farm some ten miles distant from the petitioner’s home, in an adjoining county. The petitioner is an Italian, and in the cave, among other things, was discovered a newspaper printed in Italian, and addressed to the petitioner. The farm upon which the cave was discovered was adjacent to an unfrequented road. There was evidence tending to show that, shortly prior to the discovery of the cave, the petitioner had been frequently seen traveling on the road which leads in the direction of said farm. The petitioner was also seen, a number of times shortly before the search of the cave, by members of the family that lived upon the adjoining farm, in the immediate vicinity of said farm. The record also tends to show that his visits in that locality ceased after the discovery and search of the cave.

This action is in certiorari, and is not triable de novo in this court.

It is not necessary, to sustain a conviction of contempt, that the proof establish the same beyond a reasonable doubt. Nies v. Jepson, 174 Iowa 188; Nies v. Anderson, 179 Iowa 326; State v. Mullan, 185 Iowa 794; Bird v. Sears, 187 Iowa 75; Kochen v. District Court of Woodbury County, 198 Iowa 1.

The sole contention of the petitioner is that the evidence is *106 insufficient to sustain tbe order of tbe court punishing tbe petitioner for contempt. Tbe evidence in tbe case is sueb tbát'we cannot bold that tbe action of tbe trial court in finding tbe petitioner guilty of contempt was illegal and unwarranted. Tbe order of-tbe lower court bas substantial and adequate support in tbe record. Direct proof is not essential. Tbe violation of tbe injunction may- be shown by circumstantial evidence.

Tbe writ of certiorari is therefore ordered annulled, and tbe order of tbe district court is in all respects — Affirmed.

De Graef, C. J., and Stevens and Vermilion, JJ., concur.

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209 N.W. 274, 202 Iowa 104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/madalozzi-v-anderson-iowa-1926.

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