Capawana v. United States

BUFFINGTON, Circuit Judge.

This case concerns section 21, title 2, of the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138J4jj)- Tor the enforcement of its provisions, that statute enacts that:

“Any * * * house * * * or place where intoxicating liquor is manufactured, sold, kept, or bartered in violation of this title, * * * is hereby declared to be a common nuisance.”

The act further provides (Comp. St. Ann. Supp. 1923, § lOUSi/dc):

“An action to enjoin any nuisance defined in this title may be brought in the name of the United States by * * * any United States attorney. * * * Such…