97 So. 137 | Ala. | 1923
The bill in this cause was filed to enjoin a "liquor nuisance." Affidavit was not made as required by the statute. Acts 1915, § 20, p. 14 et seq.; Woodward v. State,
The trial court had authority, under the statute, supra, and the evidence, to perpetually enjoin the maintenance of the liquor nuisance upon the premises described in the bill and to so shape and mold its decrees as to maintain its jurisdiction and to accomplish the purpose of the bill, and to that end the court may, in the language of the statute, "order an abatement of the nuisance, which order shall direct the destruction of all such prohibited liquors and beverages as are found upon the premises, together with all signs, screens, bars, bottles, glasses, and other movable property used in keeping and maintaining said nuisance," and if a writ of seizure is authorized in advance of a final hearing, then the sheriff has authority to "seize all prohibited liquors and beverages on the premises, together with all signs, screens, bars, bottles, glasses, and other movable property used in keeping and maintaining said nuisance"; but authority for these proceedings is and must be found in the statute (Pike County Dispensary v. Mayor, etc.,
The decree will be corrected in the respect indicated and, as corrected, will be affirmed at the cost of appellee.
Corrected and affirmed.
ANDERSON, C. J., and GARDNER and MILLER, JJ., concur.