Cowdery v. State ex rel. Pleasant

*451The opinion of the court was delivered by

Clark A. Smith, J.:

This was a suit to abate and enjoin the maintenance of a nuisance under the prohibitory liquor law. The injunction was allowed and the defendant brings the case here for review.

The first error assigned is that on the trial the court refused the defendant a jury trial, and Woodman v. Davis, 32 Kan. 344, 4 Pac. 262, and Swarz v. Ramala, 63 id. 633, 66 Pac. 649, are cited as authority. Neither case sustains the defendant’s position, and the action of the court is so well sustained by numerous other decisions of this court that it seems…