Town of Kirkland v. Ferry

Citations

• 45 Wash. 663
• 88 P. 1123
• 1907 Wash. LEXIS 536

Syllabus

<p>Intoxicating Liquors — Public Nuisance — Abatement—Actions— Pleading — Complaint — Sufficiency. A complaint in an action brought by a town to abate a public nuisance states a cause of action, regardless of the validity of an ordinance declaring the same a public nuisance, where it alleges that the defendant maintains a place where intoxicating liquors are kept for sale in violation of law, as Bal. Code, § 3085 provides that such act is a public nuisance; the exception as to sales by druggists being negatived by the allegation that it is in “violation of law,” and that subject being, moreover, a matter of defense.</p> <p>Nuisance — Abatement—Action by City. A town, being clothed with the attributes of sovereignty, may prosecute its suit in the first instance by a bill in equity to abate a public nuisance.</p>