State v. Midland Aerie No. 412

Citations

• 98 Kan. 793
• 161 P. 903
• 1916 Kan. LEXIS 195

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Liquor Nuisance- — Fraternal Orders- — -Nuisance Abated — Injunction. Where a fraternal organization periodically permits intoxicating liquors to be brought upon its premises and permits its members to gather thereat for the purpose of drinking such liquors, its premises thereby become a nuisance which may be enjoined and abated; but where the officers and members of such organization are notified by the responsible public officers to quit such practices under threat of prosecution, and they do quit in apparent good faith and remove all liquor paraphernalia from their premises, the lodge and its property can not be subjected to an injunction as an existing nuisance in a suit commenced after the offensive_ practices have been definitely and permanently abandoned.</p>