Newton v. State ex rel. Gilmer

Supreme Court of Oklahoma November 16, 1948

Newton v. State ex rel. Gilmer, 200 Okla. 688 (Okla. 1948)

199 P.2d 613; 1948 OK 248; 1948 Okla. LEXIS 407

Bayless, Hurst, Davison, Riley, Welch, Gibson, Lut-Trell

Opinion of the Court

BAYLESS, J.

This proceeding was commenced subsequent to the proceeding and judgment entered by the court in No. 32246, Willis Newton v. State of Oklahoma ex rel. Dixie Gilmer, County Attorney, 200 Okla. 686, 199 P. 2d 611, in which a judgment was entered in favor of the State of Oklahoma against the said Willis Newton. The issues involved and the parties to this cause are the same as in cause No. 32246.

In view of our holding in cause No. 32246, it is unnecessary to consider this cause further.

Judgment affirmed.

HURST, C.J., DAVISON, V.C.J.,. and RILEY, WELCH, GIBSON, qnd LUT-TRELL, JJ., concur.

Reference

Full Case Name: Newton v. State Ex Rel. Gilmer, Co. Atty.
Status: Published
Syllabus: (Syllabus.) INTOXICATING LIQUORS — NUISANCE — Evidence of general reputation of place where intoxicating liquor was sold and consumed, sufficient to sustain permanent injunction. In a civil action to abate or perpetually enjoin a nuisance based on 37 Okla. St. Ann., § 73, proof that public place (dance hall) has a general reputation of being a place where intoxicating liquors are sold and consumed, together with proof that people congregate or resort in said place for the purpose of drinking such intoxicating liquors, constitutes sufficient evidence to sustain a permanent injunction.