§ 53-199 — Nuisance; abatement; procedure; owner or lessee may give bond

Nebraska § 53-199

• Jurisdiction: Nebraska
• Ch. 53: Liquors

Text

The Attorney General, any one of the assistant attorneys general assigned to the commission when directed by the commission, or the county attorney in the county where such nuisance exists or is kept or maintained may maintain an action by injunction, in the name of the State of Nebraska, to abate and temporarily or permanently to enjoin such nuisance. The court shall have the right to make temporary and final orders as in other injunction proceedings. The plaintiff shall not be required to give bond in such action, and upon final judgment against the defendant, such court shall also order that such room, house, building, structure, boat, or place of any kind shall be closed and padlocked for a period of not less than three months nor more than two years and until the owner, lessee, tenant, or occupant thereof gives bond with sufficient surety to be approved by the court making the order, in the penal sum of not less than one thousand dollars, payable to the State of Nebraska and conditioned that no alcoholic liquors will thereafter be manufactured, possessed, sold, bartered, given away, furnished, or otherwise disposed of thereon or therein, or kept thereon or therein with intent to sell, barter, give away, or otherwise dispose of the same, contrary to the Nebraska Liquor Control Act, and that he or she and his or her surety will pay all fines and costs assessed for any violation of the act. If any condition of such bond is violated, the whole amount may be recovered as a penalty for the use of the State of Nebraska; and in such suit on the bond, both the principal and surety shall be joined as party defendants, and satisfaction may be had from either of them. In such action a notice to nonresident defendants may be given by publication as authorized by law under the code of civil procedure, or upon their agents for service in this state, if any.

Legislative History

Source: Laws 1935, c. 116, § 77, p. 413; C.S.Supp.,1941, § 53-377; R.S.1943, § 53-199; Laws 1994, LB 859, § 10. Cross References: Service by publication, see sections 25-518.01 to 25-523. Annotations: Common nuisance arising from sale of liquor by drink outside city or village can be abated by injunction. State ex rel. Fitzgerald v. Kubik, 167 Neb. 219, 92 N.W.2d 533 (1958). Court of equity has jurisdiction to padlock building and enjoin maintenance of nuisance by injunction for violation of Liquor Control Act. State ex rel. Johnson v. Hash, 145 Neb. 405, 16 N.W.2d 734 (1944). Premises outside corporate limits of city, where intoxicating liquors were habitually brought for consumption which owner encouraged by sale of setups, was a public nuisance. State ex rel. Johnson v. Hash, 144 Neb. 495, 13 N.W.2d 716 (1944).