State ex rel. McGuire v. Macfarland

The defendants, against whom a permanent injunction had issued, for violation of the provisions of chapter 187, Laws 1917, relating to intoxicating liquors, appeared, paid all costs, and gave the bond conditioned upon the immediate abatement of the nuisance. Prom an order of the trial court, assessing, in addition thereto, a tax of $300, as provided by section 35 of the act, claimed to be unconstitutional, defendants appeal.

*43Section 35 is as follows: “Whenever a permanent injunction issues against any .person for maintaining a nuisance as herein defined, * * * there shall be assessed against…