State v. Soffietti

*743The opinion of the court was delivered by

Johnston, C. J.:

This is an appeal from an order granting a new trial. On Decehiber 8, 1911, an action was begun by the state to enjoin the maintenance of a common nuisance by Louis and Mary Soffietti on certain premises in Mineral City owned by Lorenzo Perello, and it was alleged that Perello had knowingly permitted the premises to be used for the illegal sale of liquors. In the petition an allowance of $100 as attorneys’ fees was asked, and also that this amount together with the costs be adjudged a lien upon the premises. On April 1, 1912, judgment…