State v. Estep
Supreme Court of Kansas
Error from Wyandotte district court; E. L. Fischer, judge. statement. This was a suit brought by the state to enjoin defendants in error from maintaining a nuisance under the prohibitory liquor law. The proceedings were based on the authority of section 4, chapter 165, Laws of 1887. A general demurrer to the petition was sustained in the court below on the ground that the injunction clause contained in said section was repealed by chapter 232, Laws of 1901..
Read the full summary
Error from Wyandotte district court; E. L. Fischer, judge. statement. This was a suit brought by the state to enjoin defendants in error from maintaining a nuisance under the prohibitory liquor law. The proceedings were based on the authority of section 4, chapter 165, Laws of 1887. A general demurrer to the petition was sustained in the court below on the ground that the injunction clause contained in said section was repealed by chapter 232, Laws of 1901.. Section 4 of chapter 165, Laws of 1887 (Glen. Stat. 1901, §2463), reads: “Sec. 4. . All places where intoxicating liquors are…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
Section 4 of chapter 165, Laws of 1887,. contains both a criminal and civil remedy for the suppression and abatement of nuisances. The first part-of the section defines a common nuisance, and applies the term to places where intoxicating liquors are manufactured, sold or given away in violation of “any of the provisions of this act,” and to places-where persons are permitted to resort for the purpose-of drinking intoxicating liquors as a beverage, and to places where such liquors are kept for sale in violation of “this act,” and makes it the…
2Cases cited5 opinions
- United States v. ClaflinSupreme Court of the United States · 1878
- Norris v. CrockerSupreme Court of the United States · 1852
- State v. StarkSupreme Court of Kansas · 1901
- State v. StudtSupreme Court of Kansas · 1884
- State v. MenkeSupreme Court of Kansas · 1895
3Cited by11 opinions
- Strawberry Hill Land Corp. v. StarbuckSupreme Court of Virginia · 1918
- State v. ThomasSupreme Court of Kansas · 1906
- State v. JepsonSupreme Court of Kansas · 1907
- Commonwealth v. RuhCourt of Appeals of Kentucky · 1917
- State v. StormSupreme Court of Kansas · 1906
6 more not listed; retrieve them via the Exa API.