State ex rel. Fallis v. Mike Kelly Construction Co.

IRWIN, Chief Justice:

The District Attorney of Tulsa County (appellee) commenced this action to restrain the operators (appellants)1 of Chi-Chi’s Restaurant and Cuco’s of Acapulco of Tulsa2 from operating an alleged open saloon in the City of Tulsa. On hearing appellee’s application, law enforcement officers testified they had purchased liquor by the drink at appellants’ establishment on several occasions. Appellants admitted selling liquor by the drink, but presented evidence concerning the character and reputation of their business which may be summarized by reference to the district court’s…