Burch

People Ex Rel. Bradford v. Burch

Good Law
1920 Cal. App. LEXIS 788·46 Cal. App. 391·189 P. 716
Court of Appeal of CaliforniaMarch 2, 1920Civ. No. 1987.California1,074 words

Opinion

Lead Opinion

Hart, J.

The action was brought under the “Red-light Abatement Law,” the property affected being a one-story brick building known as No. 119 K Street, in the city of Sacramento. The property was owned by the estate of Mary Sweeney, deceased, and Charles T. Burch was the owner of the personal property situated in the premises, which were known as the Casino Theater and Dance Hall. The judgment enjoined the use of the premises “for the purpose of acts of lewdness,” directed the sheriff to close the building and keep it closed for one year, and also directed him to remove and sell all of the furniture, fixtures, and musical instruments in said building. The appeal is by said Burch and Ella Ryan, as executrix, etc., named in the complaint as respondents, and who will hereinafter be referred to as the appellants.

The first point advanced by the appellants is that three separate and distinct causes of action are stated in the complaint but not separately stated, and that for that reason said pleading was faulty and the demurrer thereto should have been sustained. It is further contended, in this connection, that the acts constituting the “lewdness” the practicing of which the complaint charged,…

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