State ex rel. McCurdy v. Bennett
North Dakota Supreme Court
Appeal from tbe District Court of Burleigb County, Honorable W. L. Nuessle, Judge. Tbe proof is insufficient, as a matter of law, to confer jurisdiction upon tbe court when there is no showing that any nuisance ever existed, or that it was transpiring and being carried on at tbe time of the beginning of tbe action. Comp.
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Appeal from tbe District Court of Burleigb County, Honorable W. L. Nuessle, Judge. Tbe proof is insufficient, as a matter of law, to confer jurisdiction upon tbe court when there is no showing that any nuisance ever existed, or that it was transpiring and being carried on at tbe time of the beginning of tbe action. Comp. Laws 1913, §§ 9644 to 9651. In cases against bawdyhouses, or to enjoin tbe maintenance of such a nuisance, tbe court has no power under our statute to order the-destruction of personal property found in such place. Nor has tbe court a..y inherent power to so order. State ex…
1Opinion of the CourtGrace, J.
Tbe complaint states a cause of action for tbe discontinuance of a common nuisance, to wit, a bawdyhouse, alleged to bave been maintained at the time of tbe commencement of tbe action and prior thereto at tbe place déscribed in tbe complaint. As proof of the maintaining of tbe nuisance, tbe affidavit of tbe state’s attorney, on information and belief, and tbe affidavit of F. L. Watkins, upon bis own knowledge, were made in support of tbe injunctional proceedings. Tbe answer was a general denial. Tbe affidavits also constitute the evidence in tbe case, by stipulation.
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2Cases cited2 opinions
- Balch v. GlennSupreme Court of Kansas · 1911
- State ex rel. Robertson v. New England Furniture & Carpet Co.Supreme Court of Minnesota · 1914
3Cited by7 opinions
- Andrews v. O'HEARNNorth Dakota Supreme Court · 1986
- Kentucky Alcoholic Beverage Control Board v. JacobsCourt of Appeals of Kentucky (pre-1976) · 1954
- State v. McCrayNorth Dakota Supreme Court · 1921
- State ex rel. Halvorson v. SimpsonNorth Dakota Supreme Court · 1951
- State ex rel. Haugan v. DenisSouth Dakota Supreme Court · 1918
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