George Sutherland

“ On July 10, 1925, after a hearing, the bill was dismissed as to Silverman and a decree entered against Grosfield and Caplis in accordance with the prayer. No effort appears to have been made by those defendants to secure an order from the District Court allowing them to give a bond so as to permit the continued occupation and use of the premises. The only question for our consideration is whether the evidence submitted to the District Court is sufficient to justify the decree. ”

“ By section 21, title 2, of the National Prohibition Act, c. 85, 41 Stat. 305, 314 (27 USCA § 33) , any room, house, etc., where intoxicating liquor is manufactured, sold, kept, or bartered in violation of that title, is declared to be a common nuisance. By section 22 (27 USCA § 34) , it is provided that an action to enjoin such nuisance may be brought in the name of the United States, to be tried as an action in equity ”

“ United States (C. C. A.) 280 F. 683, 685, 686. The evidence discloses that the illegal use of the premises was discovered nearly two months prior to the bringing of this suit, with full knowledge of which discovery defendants fairly may be charged, having read a newspaper account of the raid and talked with Silverman about it. When the answer was filed, although 2 1/2 months had elapsed, Silverman was still in possession, and the answer contains the averment only that steps had been taken to terminate his tenancy and a promise that defendants would proceed to oust him. ”