State v. Terry

Citations

• 99 Wash. 1
• 168 P. 513
• 1917 Wash. LEXIS 1007

Syllabus

<p>Nuisance—Abatement—Injunction—Pasties Bound — Notice— Disobdebly Houses. An injunction under tbe red light law, Rem. Code, § 946-4, abating the nuisance and enjoining the illegal use of the premises by the defendants, their agents, and servants, and all other persons, operates in rem against the specific property, and is constructive notice and binds all persons thereafter dealing with the property.</p> <p>Same — Abatement — Injunction — Notice — Evidence — Sufficiency. Actual notice of an injunction against the illegal use of premises is shown by evidence that defendant, an inmate of the under-world, had stated that she knew the place was closed up and “red lighted” and she admitted that she knew the place had been “in trouble.”</p> <p>Lis Pendens—Operation—Necessity of Filins. Notice of Us pendens is effective only before decree, and does not import into the decree a character affecting property in rem which it would not otherwise possess.</p> <p>Witnesses—Credibility—Character. In contempt proceedings for violating an injunction in a red light case, the fact that defendant was a prostitute conducting an unlawful establishment may be considered in passing upon her credibility as a witness.</p> <p>Nuisance—Abatement—Complaint — Injunction — Sufficiency. A prayer for the abatement of a disorderly house enjoining the defendants, their agents and servants, and perpetually restraining the practice of prostitution therein, and for such other relief as may seem proper, is sufficient to sustain an injunction against the defendants and all persons claiming by, through or under them and all other persons.</p> <p>Same—Abatement—Judgment—Punishment. A sentence against a prostitute for a flagrant violation of an injunction under the red light law, of less than half the maximum permitted by law, will not be held excessive because the fine against the owner was remitted on extenuating circumstances.</p>