Cowdery v. State ex rel. Pleasant

Citations

• 71 Kan. 450
• 80 P. 953
• 1905 Kan. LEXIS 161

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Intoxicating Liquors — Injunction—Jury—Proof. On the trial of a suit perpetually to enjoin the maintaining of a common nuisance under the prohibitory liquor law the defendant is not entitled to a jury trial as a matter of right; nor is it necessary to have the fact established that the place charged as maintained is a nuisance by any former adjudication or verdict.</p> <p>2. - Trial by Court. In such suit the court may proceed, as in other injunction cases, to try the truth of the charge, without a jury, and to grant or refuse the injunction asked.</p> <p>3. -Pendency of Criminal Action Immaterial. The fact that a criminal action for a violation of the prohibitory law and a civil suit to enjoin the maintenance of a nuisance under the same law are pending in the same court is not a good reason for postponing the hearing of the civil suit until the criminal case shall have been disposed of.</p>