Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1911-06-29
APPLICATION FOR An
mi JUNCTION IS
DENIED TO-DAY
Nothing to Indicate Woman
Was Being Molested in
Lawful Enjoyment of Her
Property.
COURT SUSTA1Ns THE
DEMURRER OF THE CITY

w Tue uIsl flct TOuit ihts afternoon
nudge Ira \ Abbott sustained The de-.
/ murtof oI The city 0f Albuquerque IN
The case OF kittio Ritter. plaintifi
versus Thomas McMilln. marshal;
u lohn W Elder MAYOR. and the mem.
/ n'rs oi the city council. Ia which tho
piainiiH asked Tor n Temporary In
junction, restraining the defendants
from interfering with or In any way
molcsting the person or property Of
iu plainiin
The prayer lot an Injunction fol.
lowed th' action of the civ council
some three weeks aga. when by IN.
uninous vote. On order was issued
abolishine the so.cnilod 'rcdllght."
dist ici ~ .hr city ar Albuquerque. ef.
| iectiNe JulN Notice. were subse.
oGenily served on The inhabitants OF
! the district. one notice being served
On kiitip Rittor. who rcean an action
I ~ court asking loT q restraining OF.
der an The ground thai the city was
/ proceeding without authority and In
adm her cons :. lil.onai lights
| In icpl, to thc application for an
Injunction. The city az Albuquerque.
4 througn civ Attorney " 4 collins
SCI up thar the plaintiff. in denying
! the authority of th- city council or
/ The CITY authorities. stated and al.
legged conclusions OF law. inst there
IL nothing SO indicate th plninlin
| will he mOl 'stcd In the lawful enjoy.
ncnt oi her properly. even II the or
der ol the city council Is carried out;
that the plaintiff has complete and
ndeQuatr remodv at law VI sh. is dam
aged n the result OF tn" order, the
oi,y being solvent and Naelc TO dam.
ages.
The demurrer flied by he city Mon.
dny and amended tn, aA'v is Ak iol-
lows
rcrri,ory of New Mexico, county NJ
Bcrnalino Second Judicial Dis
trict No s6gi
Kittie Ritrcr plaintiff ". Thomas.
McaIillin. marshal, oi IN" city OF
Albuquerque John W Elder. may
, or. aud the members 81 the city
council or the said city. defendants
DEMURRER.
Defendants los their attorney II. j.
collins. domur To the complaint died
herein for the following reasons:
THAT tho plaintiff horein. ia alleg-
ing grounds and reasons tor the issu-
anoe az the injunction prayed for In
. this complaint does not state facts
sufficient 10 constitute cause of ac-
ton hut in denying the right of the
city council. the mayor and the city
q marshal to enforce the laW relating
j to houses of prostitution Hss,gnation
houses. and houses of ~ fame, haNdy
houses and brotheis within 700 feet
of any school house. college, somin-
airy or other institution OF learning, on
any church. opera house theat.r nall
of an. benevolent coz iratcrnal soci-
ETY.. CO.. other place ~ public assem-
blagc, and particularly as 10 the
premises described IN section 2 OF
plnintlfrs complaint. or 10 cause the
Same 20 be vacated. tho plaintiff al
logcs conclusions of law.
VI II.
That II the order OF the city coun
eli. and tho notice of the city marshal
are carried oui. there a. nothing ID
Indicate that the plaintiff will be mo-
Tested IN the lawful cHjoN mont Of her
property,
That plaintiff has % complete and
adequate remedy at law, particularly
ns To- the promises q, scribcd in Sec
ton of plaintiffs complaint or tn
cause 10" same to hc vacated. IN"
plaintiff alleges conclusions oi law.
"
Defendants dcinur 10 section on
plaintiffs complaint. "'un IL"
grounds that the complaint shows
upon MS face that thu statements al
legged to have been mad" hN McM illin.
I D'Grady ana others We're not author
4 lyed. aud tha1 such statements. "
/ made. were without authority aud
4 thoy must ne restrained hy an action
, against them personally
V.
II Defendants drmur to HcCtion J OF
plaintiffs complaint for the reason
and upoa thc grounds that the sad
I section, IN alleging irrcparabl" dam
T ages. ali~g,s contains conclusions and
/ not the material facts ppon which
: those conclusions arr based. and for
the reason that the plaintiff has not
yet furth the maHn"r IN which the
pia.ntlii would be- injured hy the ace