Hill v. Pierson

• Citation: 63 N.W. 835,45 Neb. 503
• Decision Date: 19 June 1895
• Docket Number: 6329
• Parties: ANNIS L. HILL, APPELLANT, v. CHARLES O. PIERSON, APPELLEE
• Court: Nebraska Supreme Court

63 N.W. 835

45 Neb. 503

ANNIS L. HILL, APPELLANT, v. CHARLES O. PIERSON, APPELLEE

No. 6329

Supreme Court of Nebraska

June 19, 1895

APPEAL from the district court of Douglas county. Heard below before FERGUSON, J.

AFFIRMED.

J. W West, for appellant.

John L Webster, contra.

OPINION

HARRISON, J.

June 9, 1893, the plaintiff commenced an action in the district court of Douglas county, in which the petition filed, or the portion we need notice, read as follows:

"The plaintiff for cause of action states:

"1. That on or about the 17th day of December, A. D. 1892, one Frank A. Kemp was the absolute owner in fee-simple of the following described property in Douglas county, Nebraska to-wit: The west twenty-two feet of the east one-half of lot 4, in block 120, in the original city of Omaha, county and state aforesaid, said property being known as No. 1321 Douglas street, in said city; and thereupon, to-wit, on the date aforesaid, said Kemp entered into a lease in writing for the premises aforesaid with the defendant Charles O. Pierson, which leasing was for the term commencing on the 1st day of January, A. D. 1893, and ending on the 31st day of December, A. D. 1896, a copy of which lease is hereunto attached, marked 'Exhibit A,' and made a part of this petition.

"2. That thereupon the said defendant Charles O. Pierson entered in and upon the said premises as the tenant of him, the said Frank A. Kemp.

"3. That thereafter, to-wit, on or about the day of , A. D. 18 , the said Frank A. Kemp, for a valuable consideration, did grant, bargain, sell, and convey the premises aforesaid to this plaintiff by a good and sufficient warranty deed, through and by which this plaintiff became the absolute owner in fee-simple of the premises aforesaid, taking the said real estate free and clear of all incumbrances save only the lease aforesaid, and thereupon the said Charles O. Pierson did accept, and has accepted, this plaintiff as landlord of the premises aforesaid and has paid rent for the use and occupation of the said premises to this plaintiff.

"4. The plaintiff further alleges that the said defendant is maintaining a nuisance in and upon the said premises, which nuisance consists in this, to-wit, that the said defendant is using the said premises as a gambling place, and is keeping and maintaining thereon and therein gambling tables, and is maintaining thereon and therein a faro bank, and is maintaining and carrying on thereon and therein games of chance, known as keno, roulette, hazard, and various other and sundry games of chance, the technical names of which are to this plaintiff unknown.

"5. The plaintiff further alleges that the keeping and maintaining upon and in the premises aforesaid of the nuisance as aforesaid has brought the premises aforesaid into ill-repute, and if permitted to be maintained and carried on in and upon the said premises, the plaintiff will become subject to statutory liabilities, which will bring upon her great and irreparable injuries, and will subject her to public scandal and disgrace.

"6. The plaintiff further alleges that the keeping and maintaining of the nuisance aforesaid in and upon the said premises is a great and irreparable injury to the plaintiff's said property, from the nature and character of which injury redress at law would be uncertain and inadequate, and the damages resulting therefrom impossible of ascertainment. * * *

"7. The plaintiff further alleges that the defendant, for the purpose of more effectually carrying on and maintaining said nuisance in and upon said premises, is about to alter and rebuild the interior part of said building by changing the partitions and stairways therein contained so that the said building shall be cut up into divers and sundry secret passages, stairways, and rooms, and is about to cut and alter the water pipes, sewer pipes, and gas pipes and connections thereof in and upon the said building, to the great and irreparable injury of the plaintiff and her said property, and from the nature and character of said property and building, such alterations, additions, and changes of said building would cause great and irreparable injury to the plaintiff's said property.

"Wherefore the plaintiff prays that the said defendant and his agents and employes, and each of them, be restrained by order of this court from maintaining, or permitting to be maintained or from carrying on, or permitting to be carried on, in, or upon, or about the said premises any games of chance, gambling tables, faro banks, roulette wheels, or games of poker or hazard, and each and every other game of, or under, any...