State v. Smithhisler

The opinion of the court was delivered by

Marshall, J.:

This action was brought by the plaintiff under the intoxicating liquor law to enjoin the defendants from maintaining a nuisance. A temporary injunction was granted, and from the order granting that injunction the defendants appeal. Their contention is that the evidence showed that the place was closed at the time the action was commenced, and had been closed for some days prior thereto; and that therefore no injunction should have been granted. The evidence showed that the defendants had sold Jamaica ginger, Wine of Life, Beef, Wine and…