State ex rel. Lanning v. Myers

The opinion of the court was delivered by

Wedell, J.:

This was an action to abate and .enjoin a common nuisance which consisted in the maintenance and operation of a slot machine in defendant’s restaurant. Defendant’s demurrer to the state’s evidence was sustained, and from that ruling the state has appealed.

The action was instituted under the provisions of G. S. 1935, 21-918 (Laws 1907, ch. 263, § 1), the pertinent part of which reads:

“AH places used for any of the unlawful purposes as mentioned in Laws 1895, chapter 151, section 1 [21-915], are hereby declared to be common nuisances, and,…