311.750. Action to enjoin nuisance--procedure. - Missouri Statutes

Action to enjoin nuisance--procedure.

311.750. 1. That an action to enjoin any nuisance definedin this chapter may be brought in the name of the state ofMissouri by the attorney general of the state of Missouri, or byany prosecuting attorney or circuit attorney of any county orcity of the state of Missouri. Such action shall be brought andtried as an action in equity and may be brought in any courthaving jurisdiction to hear and determine equity cases. If it ismade to appear by affidavit, or otherwise to the satisfaction ofthe court, or judge in vacation, that such nuisance exists, atemporary writ of injunction shall forthwith issue restrainingthe defendant from conducting or maintaining any such nuisanceuntil the conclusion of the trial. Where a temporary injunctionis prayed for, the court may issue an order restraining thedefendant and all other persons from removing or in any wayinterfering with the liquor or fixtures, or other things used inconnection with the violation of this chapter constituting suchnuisance. No bond shall be required in instituting suchproceedings.

2. It shall not be necessary for the court to find theproperty involved was being lawfully used as aforesaid at thetime of the hearing, but on finding that the material allegationsof the petition are true, the court shall order that no liquorsshall be manufactured, sold, bartered, stored or kept in any suchroom, house, building, boat, vehicle, structure or place, or anypart thereof. And upon such judgment of the court ordering saidnuisance to be abated, the court may order that the room, house,building, boat, vehicle, structure or place, shall not beoccupied or used for such period as the court may determine, notto exceed the period of one year; provided, however, that thecourt may find that the owner of such property, real or personal,or boat, vehicle, room or other structure or place knew or shouldhave known or had reason to believe that the said property, boat,vehicle, room or structure was used for the purpose of theviolation of this law.

(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.