United States v. Gaffney

(after stating the facts as above). It is true that no evidence was given showing that Gaffney personally sold liquor upon the premises between the date of his lease and the date of filing bill. Therefore it is argued that, because it was not proved that any “cause of action” existed against Gaffney personally at the beginning of suit, suit must fall.

This is a misconception of the nature of the suit. Whether Gaffney or another performed the acts which made the place a nuisanee is immaterial. In a certain sense the suit was against the nuisance, and such a suit must be (as was this one)…