State ex rel. Meek v. Dick & Bros. Brewing Co.

Citations

• 96 Kan. 215
• 150 P. 568
• 1915 Kan. LEXIS 351

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Injunction — Wholesale Liquor Dealers of Missouri Delivering Intoxicating Liqu.ors to Parties in Kansas — Petition Fails to State a Cause of Action. A petition to enjoin brewing companies in Kansas City, Mo., from delivering intoxicating liquors to business houses and numerous persons in Kansas City, Kan., which alleges that H. A. and others violated the law of the state of Kansas by engaging in the unlawful sale of intoxicating liquors and by maintaining liquor nuisances, and that if permitted to receive and have intoxicating liquors in their possession, will again violate the law by maintaining liquor nuisances; and that Dick $ Brothers Brewing Company and others are engaged in the wholesale and retail liquor business outside the state of Kansas, and make deliveries of intoxicating liquors to residents and citizens of Wyandotte county, Kansas, in violation of law, and thereby aid, assist and abet in maintaining liquor nuisances by delivering intoxicating liquors to premises used wholly for business purr-poses and by delivering intoxicating liquors to persons who have violated the law by engaging in the unlawful sale of intoxicating liquors, and unless restrained will continue to make deliveries of intoxicating liquors to business premises in Wyandotte county, Kansas; but does not allege that Dick & Brothers Brewing Company or any of the others make deliveries of intoxicating liquors to defendant H. A. or any of the others, nor allege that Dick & Brothers Brewing Company or any of the other brewing companies will, unless restrained, deliver intoxicating liquors to H. A. or any of the others, nor allege that nuisances were being maintained by any of the defendants at the time it was filed, does not state facts sufficient to constitute a cause of action.</p> <p>2. Same — Demurrer—Misjoinder of Causes of Action. Where a petition that attempts to state but one cause of action is demurred to on the ground that several causes of action