Legal Opinion

State Ex Rel. Rhodes v. Saunders

Supreme Court of New Hampshire

Decided December 5, 1889PublishedCited by 31 opinions

[copy of tbte statute.] An Act to Authorize the Suppression of Common Nuisances by ' Courts of Equity. Section 1. Any building, place, or tenement, in any town or city that is resorted to for prostitution, lewdness, or illegal gaming, or that is used for the illegal sale or keeping for sale of spirituous or malt liquors, wine, or cider, is declared to be a common nuisance.

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[copy of tbte statute.] An Act to Authorize the Suppression of Common Nuisances by ' Courts of Equity. Section 1. Any building, place, or tenement, in any town or city that is resorted to for prostitution, lewdness, or illegal gaming, or that is used for the illegal sale or keeping for sale of spirituous or malt liquors, wine, or cider, is declared to be a common nuisance. Sect. 2. The supreme court shall have jurisdiction in equity, upon information filed by the solicitor for the county or upon petition of not less than twenty legal voters of such town or city setting forth any of the facts…

1Opinion of the CourtAllen, J.

"Equity, as a great branch of the law of their native country, was brought over by the colonists, and has always existed as a part of the common law in its broadest sense in New Hampshire.” Wells v. Pierce, 27 N. H. 503, 512 ; Copp v. Hen niker, 55 N. H. 179, 210; Penhallow v. Kimball, 61 N. H. 596, 598, 599; Carroll v. McCullough, 63 N. H. 95, 98; Eckstein v. Downing, 64 N. H. 248, 259. “Until the case of Marston v. Brackett, 9 N. H. 336, decided in .1838, it had not been intimated in this state, or anywhere else, that there was a right of trial by jury in equity proceedings. I venture to…

2Cases cited24 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. Hurtado v. CaliforniaSupreme Court of the United States · 1884
  3. Davidson v. New OrleansSupreme Court of the United States · 1878
  4. Leisy v. HardinSupreme Court of the United States · 1890
  5. Ex Parte WallSupreme Court of the United States · 1883

19 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Berry by and Through Berry v. Beech AircraftUtah Supreme Court · 1985
  2. Pompano Horse Club, Inc. v. State Ex Rel. BryanSupreme Court of Florida · 1927
  3. Heath v. Sears, Roebuck & Co.Supreme Court of New Hampshire · 1983
  4. Mathews v. SniggsSupreme Court of Oklahoma · 1919
  5. State ex rel. Wilcox v. RyderSupreme Court of Minnesota · 1914

26 more not listed; retrieve them via the Exa API.

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