Action to enjoin nuisance
This law lets the state of Missouri go to court to stop a place from being used to illegally sell or store alcohol. A judge can quickly issue an order to shut down the illegal activity while the case is being decided. If the court finds the law was broken, it can order that no alcohol be made, sold, or kept there — and can even shut the place down for up to one year.
311.750. to — 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 of the state of Missouri, or by any or of any county or city of the state of Missouri. Such action shall be brought and tried as an and may be brought in any court having to hear and determine cases. If it is made to appear by , or otherwise to the of the court, or judge in , that such nuisance exists, a shall restraining the from conducting or maintaining any such nuisance until the conclusion of the trial. Where a is prayed for, the court may issue an 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 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 , but on finding that the of the 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 of the court ordering said nuisance to be , 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.
(RSMo 1939 § 4944)
(1942) Where evidence showed defendants sold in amusement and restaurant without in violation of the law, court properly such violation, but that part of judgment which enjoined wife as one of owners by entirety from managing or working about was reversed. State ex rel. Wallach v. Oehler (A.), 159 S.W.2d 313.
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.