State v. . Mathews
Supreme Court of North Carolina
The defendant was indicted for, that he “ unlawfully did keep and maintain a certain common ill-governed and disorderly house; and in the said house certain pérsons of evil name and fame, and of dishonest-and immoral conversation, then, &c., and on other days and times, then and there, unlawfully and willingly did cause and procure to frequent arid come together, and the said persons in the said house of him, the said E. M., at unlawful times, as well as in the night as in…
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The defendant was indicted for, that he “ unlawfully did keep and maintain a certain common ill-governed and disorderly house; and in the said house certain pérsons of evil name and fame, and of dishonest-and immoral conversation, then, &c., and on other days and times, then and there, unlawfully and willingly did cause and procure to frequent arid come together, and the said persons in the said house of him, the said E. M., at unlawful times, as well as in the night as in the day, then, &c., to be and remain drinking, tipling, gaming and misbehaving themselves, unlawfully and wilfully did…
1Opinion of the Court
Daniel, Judge.
Nuisance, nocumentum, or annoyance, signifies any thing that worketh hurt, inconvenience or damage. 3 Bla. Com. 215. Common nuisances are such' inconvenient and troublesome offences as annoy the whole community. They consist in either, the doing of a thing to the annoyance of all the citizens, or the neglecting to do a thing which the common good requires. 4 Bla. Com. 170. The opinion of the Judge, that the defendant was pro tempore a keeper of a public house, inasmuch as. he received pay for his entertainment of those persons that were at his house, is not, in our opinion,…
2Cited by2 opinions
- Smith v. . FullerSupreme Court of North Carolina · 1910
- City of Birmingham v. BollasSupreme Court of Alabama · 1923