(DOWNLOAD) "State Ex Rel. Nagle v. Naughton Et Al." by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Nagle v. Naughton Et Al.
- Author : Supreme Court of Montana
- Release Date : January 16, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Nuisances ? Abatement ? Gaming ? Sale of Intoxicating Liquor on Premises ? Nature of Proceeding ? Judgment for Defendants ? Evidence Held to Preponderate Against Findings and Judgment ? Failure of Party to Introduce Evidence in His Power to Produce ? Presumption. Nuisances ? Abatement ? Building Used for Gambling Purposes ? Nature of Action. 1. An action brought on behalf of the state to abate a building in which gambling and the sale of intoxicating liquor was permitted as a common nuisance is civil in its nature, and in order to - Page 307 prevail the plaintiff must prove by a preponderance of the evidence the material allegations of the complaint. Same ? Abatement ? Equitable Action ? Judgment has Effect of Verdict of Jury ? Appeal. 2. In a cause such as the above, equitable in its nature and tried by the court alone, the judgment has the same effect as the verdict of a jury, which judgment will not be disturbed on appeal, unless the evidence preponderates against it; if not sustained by the evidence the reviewing court makes its own conclusions. Same ? Trial Court may not Disregard Uncontradicted Credible Evidence. 3. The district court in trying a proceeding of the above nature may not disregard uncontradicted credible evidence. Same ? Judgment for Defendants ? Evidence Held to Preponderate Against Findings and Judgment of Trial Court. 4. Evidence in a proceeding to abate a building in which gambling was permitted and intoxicating liquor dispensed, held strongly to preponderate against the findings and judgment of the trial court, in favor of defendants, and judgment reversed with directions to enter judgment that the nuisance complained of be abated for one year and movable property sold as provided by sections 11129 et seq., Revised Codes. Evidence ? Effect of Failure of Party to Introduce Evidence in His Power to Produce. 5. Where a party omits to produce evidence which it is within his power to produce and which rests peculiarly within his knowledge, a strong suspicion is raised that such evidence, if adduced, would operate to his prejudice. Nuisances ? Abatement ? Application of Last Above Rule to Failure of Defendants to Introduce Evidence. 6. Under the last above rule, where defendants in an abatement proceeding were present at the trial and heard witnesses testify that gambling was permitted in their place of business but did not testify nor call their employees to testify in their behalf, the conclusion was justifiable that the evidence, if produced, would have been detrimental to their cause. Same ? Sale of Intoxicating Liquor not Necessarily Nuisance Under Statutes. 7. While under Chapter 29, Penal Code 1921, the sale of intoxicating liquor was made a nuisance, such sale is not now, either under section 8642, nor by the provisions of Chapter 255, Political Code of 1935, the Liquor Control Act, necessarily a nuisance.
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