Mason v. Grubel

Citations

• 64 Kan. 835
• 68 P. 660
• 1902 Kan. LEXIS 287

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Intoxicating Liquors — Search and Seizure — Writ of Prohibition. A complaint charging defendants with the unlawful selling of intoxicating liquors, and with maintaining a nuisance in violation of the prohibitory law, was filed before a justice of the peace, and a warrant issued thereon. The defendants were arrested, but no property seized, as the warrant directed. Pending trial, defendants brought an action in the district court against the justice of the peace and obtained a writ of prohibition enjoining him from taking jurisdiction of the case and from proceeding further with the trial. Held, that the writ of prohibition was improperly granted, there being other adequate remedies provided by statute which were available to the parties.</p>