Gifford

The action was under the Red-light Abatement Act (Stats. 1913, p. 20) and resulted in. a judgment of abatement as a nuisance of certain buildings used for prostitution in the city of Tracy, in the county of San Joaquin. The appeal is here upon the judgment-roll alone and we can see no merit whatever in the position of appellants.

[1] It appears that after the evidence was heard the action was dismissed as to the occupant of the building, and it seems to be the claim of appellants that thereby the plaintiff lost the right to prosecute the cause any further; in other words, that the action must be prosecuted to judgment against both the owner and occupant, if prosecuted at all. There are certain cases of joint tort-feasors where this principle would probably apply, but such is not the situation herein. In considering the question, it is well to remember that the principal purpose of the action is to abate and prevent a nuisance, it being a proceeding in rem, primarily against the property because it is maintained and used in violation of the law. The statute contemplates that the owner and occupant shall be made parties to the action to afford them an opportunity to meet the…