State ex rel. Heferon v. Bleth
North Dakota Supreme Court
Appeal from the District Court of Stark county; Crawford, J. Action to abate a nuisance. Petition of defendant for the abatement of the action on compliance with § 9373, Rev. Codes 1905, granted-The State appeals. Owner of a leased building used as nuisance under the prohibition law is a proper party defendant in a proceeding in equity to abate it. Martin v. Blattner, 68 Iowa, 286, 25 N. W. 131, 27 N. W. 244, 6 Am. Crim.
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Appeal from the District Court of Stark county; Crawford, J. Action to abate a nuisance. Petition of defendant for the abatement of the action on compliance with § 9373, Rev. Codes 1905, granted-The State appeals. Owner of a leased building used as nuisance under the prohibition law is a proper party defendant in a proceeding in equity to abate it. Martin v. Blattner, 68 Iowa, 286, 25 N. W. 131, 27 N. W. 244, 6 Am. Crim. Pep. 148; Drake v. Kingsbaker, 72 Iowa, 441, 34 N. W. 199; State v. Douglass, 75 Iowa, 432, 39 N. W. 686; State v. Grim, 85 Iowa, 415, 52 N. W. 351. Appellant, by payment of…
1Opinion of the Court
Morgan, Ch. J.
This is an action to abate a nuisance created by keeping and selling intoxicating liquors in a building in the village of Richardton, Stark county. In the complaint the defendant Leonard Bleth is charged with owning and having control of the lot on which the nuisance is alleged to have been maintained, and is charged with having allowed and permitted the maintenance of such nuisance. The de~ fendant Leonard Bleth admits that he is the owner of the lot, but denies that any nuisance was maintained thereon with his knowledge or consent, and he denies that he permitted or allowed…
2Cases cited4 opinions
- State ex rel. McClory v. DonovanNorth Dakota Supreme Court · 1901
- Irvin v. SmithWisconsin Supreme Court · 1887
- Morris v. LowrySupreme Court of Iowa · 1901
- Morris v. ConnollySupreme Court of Iowa · 1901
3Cited by4 opinions
- Harrelson v. Miller & Lux Inc.California Supreme Court · 1920
- White v. SpearsDistrict Court of Appeal of Florida · 1960
- Wasson v. Brotherhood of Railroad TrainmenNorth Dakota Supreme Court · 1934
- Wasson v. Brotherhood of R. TrainmenNorth Dakota Supreme Court · 1934