Wallin, J. This is an action in equity, brought on behalf of the state by the district attorney for Cass county under § 13 of chapter 110 of the laws of North Dakota of 1890. The plaintiff demands in its complaint, in substance, that the defendants be enjoined from the further prosecution of their business as liquor dealers, and that their place of business, located in the city of Fargo, be abated as a common nuisance. The complaint charges, in substance, that the defendants are carrying on the business of selling intoxicating liquor in Fargo at the number and street stated in the complaint. The defendant, Simon Fraser, answers separately as follows: ‘“(1) That defendant denies each and every allegation in said complaint contained, except as hereinafter specifically admitted, denied or modified. (2) That defendant admits that S. B. Bartlett is district attorney, as alleged in paragraph one of said complaint. (3) And this defendant, for a further defense and answer to said complaint, says that at all times since the 20th day of July, A. D. 1890, in said complaint mentioned, this defendant was the duly authorized agent of George Benz, George G. Benz, and Henry L. Benz, copartners as George Benz & Sons, of the city of St. Paul, in the state of Minnesota, and as such agent to receive, offer for sale, and sell all kinds of spirituous and malt liquors at the city of Fargo, Cass county, state of North Dakota; also except expenses and commissions, to remit the same to George Benz & Sons, his principals; and, so acting, this defendant, since the 20th day of July, A. D. 1890, at all times in said complaint mentioned, has continued to receive, store, offer for sale, and sell spirituous and malt liquors, shipped to him as such agent, at said city of Fargo, by his said principals, from the city of St. Paul, in the state of Minnesota; and that he has received, stored, offered for sale, and sold the same as such agent, at the city of Fargo, while contained in the original packages in which they were inclosed and shipped at said city of St. Paul, by his said principals, and in which the same were received by this defendant, as such agent, in said city of Fargo, and not otherwise. That this defendant has occupied the premises in said complaint described since the 20th day of July, A. D. 1890, as a store-room in which to receive, store, expose for sale,
