Withee v. Lane & Libby Fisheries Co.
Supreme Judicial Court of Maine
On exceptions. This is a bill in equity brought by the complainant in his own name as county attorney to restrain the defendant in the operation of its glue plant at Vinalhaven, alleging it to be a public nuisance.
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On exceptions. This is a bill in equity brought by the complainant in his own name as county attorney to restrain the defendant in the operation of its glue plant at Vinalhaven, alleging it to be a public nuisance. The defendant incorporated in its answer a general demurrer, which was overruled, and after hearing upon the merits, the bill having been sustained and an injunction granted, the defendant filed its exceptions to the overruling of the demurrer, and the question presented was as to whether the bill was maintainable, on the grounds that there was no proper plaintiff, and that the…
1Opinion of the Court
Spear, J.-
The bill of complaint in this case is as follows: ■ To the Supreme Judicial Court. In Equity.
Henry L. Withee, County Attorney of Knox County, in behalf of the State of Maine, complains against Lane-Libby Fisheries Company, a corporation existing, by law and having its place of business at Vinalhaven, Knox County, Maine and says:
In these lines naming the party in whose name and in whose behalf the bill is brought, is raised’the issue involved in the case, namely: Is a county attorney authorized by the common law or by statute to bring a bill for the abatement of a nuisance in behalf…
2Cases cited2 opinions
- Smith v. McDowellIllinois Supreme Court · 1893
- Jackson v. NorrisIllinois Supreme Court · 1874
3Cited by10 opinions
- Darling Apartment Co. v. SpringerSupreme Court of Delaware · 1941
- State v. FinchSupreme Court of Kansas · 1929
- Lund Ex Rel. Wilbur v. PrattSupreme Judicial Court of Maine · 1973
- Central Maine Power Co. v. Public Utilities CommissionSupreme Judicial Court of Maine · 1978
- State Ex Rel. Attorney General v. ReeseNew Mexico Supreme Court · 1967
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