Burkett

The complaint alleges that the defendant Park Hotel Company is the owner of a certain described building; that a designated part of the building “is and for many months prior to the filing of this complaint has been used for the purpose of unlawfully selling, serving, beeping, storing and giving away intoxicating liquor”; that the defendants “during all the time herein mentioned have been and now are conducting and maintaining the same as a place where intoxicating liquors have been and now are, kept, sold, stored or given away” contrary to the state and national prohibition laws. The prayer is for a judgment, among other things, abating the alleged nuisance, and enjoining the further maintenance thereof by defendants. The complaint does not allege that the district attorney had served notice of the existence of the alleged nuisance upon the owner of the property prior to the filing of the complaint. The defendants Burkett and Park Hotel Company filed separate demurrers to the complaint on the ground that it does not state facts sufficient to constitute a cause of action. The court sustained the demurrers and dismissed the action. This appeal is from the judgment of dismissal. A…