Ackerman

This action was instituted under and pursuant to the provisions of sections 21 and 22 of title II of the National Prohibition Act (41 Stats. 305, 314; 27 U. S. C. A., secs. 33, 34, 99, 111). It terminated in the court below with the entry of a decree adjudging the “Alviso Hotel”, situate in the county of Santa Clara, owned and conducted by defendant Rosa Ackerman, to be a common nuisance, and ordering the entire building closed for a period of one year. No appeal was taken by the owner of the building. Certain occupants of the hotel, none of whom had been made parties to the action, made themselves such, and moved the court below to vacate or modify its judgment on the ground, among others, that the moving parties were aggrieved by the effect of the judgment, and were materially-injured as to their substantial rights. An affidavit filed in support of this motion set out that the several moving parties had been occupying rooms in the Alviso Hotel “as their private place of dwelling”; that at none of the times mentioned in the complaint had intoxicating liquors been kept or dispensed in any of their said rooms; and that by reason of the judgment and decree of abatement they had been…