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Title XX ALCOHOLIC BEVERAGES

Chapter 311

previous next Effective - 28 Aug 1939bottom

  311.750.  Action to enjoin nuisance — procedure. — 1.  That an action to enjoin any nuisance defined in this chapter may be brought in the name of the state of Missouri by the attorney general of the state of Missouri, or by any prosecuting attorney or circuit attorney of any county or city of the state of Missouri.  Such action shall be brought and tried as an action in equity and may be brought in any court having jurisdiction to hear and determine equity cases.  If it is made to appear by affidavit, or otherwise to the satisfaction of the court, or judge in vacation, that such nuisance exists, a temporary writ of injunction shall forthwith issue restraining the defendant from conducting or maintaining any such nuisance until the conclusion of the trial.  Where a temporary injunction is prayed for, the court may issue an order restraining the defendant and all other persons from removing or in any way interfering with the liquor or fixtures, or other things used in connection with the violation of this chapter constituting such nuisance.  No bond shall be required in instituting such proceedings.

  2.  It shall not be necessary for the court to find the property involved was being lawfully used as aforesaid at the time of the hearing, but on finding that the material allegations of the petition are true, the court shall order that no liquors shall be manufactured, sold, bartered, stored or kept in any such room, house, building, boat, vehicle, structure or place, or any part thereof.  And upon such judgment of the court ordering said nuisance to be abated, the court may order that the room, house, building, boat, vehicle, structure or place, shall not be occupied or used for such period as the court may determine, not to exceed the period of one year; provided, however, that the court may find that the owner of such property, real or personal, or boat, vehicle, room or other structure or place knew or should have known or had reason to believe that the said property, boat, vehicle, room or structure was used for the purpose of the violation of this law.

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(RSMo 1939 § 4944)

(1942) Where evidence showed defendants sold intoxicating liquors in amusement resort and restaurant without license in violation of the law, court properly enjoined such violation, but that part of judgment which enjoined wife as one of owners by entirety from managing or working about premises was reversed. State ex rel. Wallach v. Oehler (A.), 159 S.W.2d 313.


---- end of effective   28 Aug 1939 ----

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