Crews v. State ex rel. Hayes
Crews v. State ex rel. Hayes
Opinion of the Court
This action is one to enjoin a public nuisance, and is"brought .especially under Code § 72-301 to abate the use of property for the purpose of lewdness, assignation, and prostitution. A temporary injunction was granted after a hearing and, after a trial resulting in a verdict to abate the nuisance, a judgment was issued enjoining the defendant from operating a public nuisance. A motion for new trial as subsequently amended was filed, heard, and denied, and the exception is to that judgment. Held:
Assignments of error in overruling general and special demurrers can not be made grounds of a motion for new trial, and the abatement of the nuisance after a temporary hearing will not prevent a verdict and judgment after a trial by jury. The other special grounds are mere elaborations of the general
Judgment affirmed.
Reference
- Full Case Name
- CREWS v. THE STATE ex rel. HAYES, Solicitor-General
- Status
- Published