nuisance. It can be treated as a nuisance only after it is adjudicated to be such.
Nuisance—searches and seizures—statute directing seizure of property alleged a bawdyhouse nuisance held unconstitutional and to authorize unreasonable seizure.
4. Section 9646 of the Compiled Laws of 1913, which directs the seizure and retention of property alleged to be used as a bawdyhouse, which seizure is without notice and without a hearing to determine whether such place be a nuisance in fact, is unconstitutional in that it directs the taking of property without due process of law and violates the security of persons in their houses Pe directing an unreasonable seizure of the same.
Opinion filed Dec. 30, 1921.
Appeal from the District Court of Ward County, Moellring, J.
Reversed in part.
E. R. Sinkler, for appellant.
O. B. Herigstad, for respondent.
Birdzell, J. This is an action brought to abate a nuisance. The appeal is from an order entered denying the motion of the defendants to vacate a temporary restraining order and to discharge a writ of seizure.
The action was instituted by the state’s attorney of Ward county, who filed a complaint on information and belief alleging that the defendants occupied certain described real property, and had occupied the same for two years past, maintaining thereon a bawdyhouse, and that, unless restrained, they would continue to maintain such common nuisance. The prayer for relief is:
(1) That the place be adjudged and decreed to be a common nuisance, and that an order may issue to abate it.
(2) That the defendants be perpetually enjoined from using the place as a bawdyhouse.
(3) That a temporary injunction be issued enjoining the defendants, until the further order of the court, from occupying and keeping open the premises as such common nuisance.
(4) That a warrant of search of the premises be issued and an in-
