State ex rel. Ferguson v. Kansas Super Motels, Inc.

The opinion of the court was delivered by

Hatcher, C.:

This is an appeal from an order sustaining a demurrer to a petition filed by the State of Kansas to enjoin the defendants from keeping and maintaining a common nuisance by permitting persons to resort to premises controlled by defendants for the purpose of drinking alcoholic liquors contrary to the provisions of the Alcoholic Control Act.

The petition, omitting formal parts, reads:

“For its cause of action against the defendants, plaintiff alleges that in pursuance of a common plan, scheme and conspiracy among them and their servants, agents…