State v. Rabinowitz
Supreme Court of Kansas
Appeals from Leavenworth district court. STATEMENT. ' In the foregoing cases the attorney-general of the state and the county attorney' of Leavenworth county filed petitions in behalf of the state, the averments in ■each being substantially the same. In the Rabinowitz ■case it was alleged: “(1) That at the time of the institution of this action the above-named defendants were, and still are, residents and citizens of the city and county of Leavenworth, state of Kansas.
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Appeals from Leavenworth district court. STATEMENT. ' In the foregoing cases the attorney-general of the state and the county attorney' of Leavenworth county filed petitions in behalf of the state, the averments in ■each being substantially the same. In the Rabinowitz ■case it was alleged: “(1) That at the time of the institution of this action the above-named defendants were, and still are, residents and citizens of the city and county of Leavenworth, state of Kansas. “(2) That for many months before the institution ■of this action the said defendants were, and still are, engaged in the…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, C. J.:
Accepting the averments of the petition as facts, was the state entitled to an injunction under either the general provision of the code which authorizes the enjoining of a common nuisance, or the section of the prohibitory liquor law which provides, for enjoining the maintaining of a place where intoxicating liquors are sold or given away in violation of law or where persons are permitted to resort for the-purpose of drinking such liquors?
If the provision of the prohibitory law for enjoining or abating nuisances was left out of…
2Cases cited18 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- In Re DebsSupreme Court of the United States · 1895
- Vegelahn v. GuntnerMassachusetts Supreme Judicial Court · 1896
- State v. . TooleSupreme Court of North Carolina · 1890
- State ex rel. Crow v. CantySupreme Court of Missouri · 1907
13 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Bolin v. Cessna Aircraft Co.District Court, D. Kansas · 1991
- People, Ex Rel. Moll v. DanzigerMichigan Supreme Court · 1927
- City of Corsicana v. KingCourt of Appeals of Texas · 1928
- State ex rel. Beck v. BashamSupreme Court of Kansas · 1937
- Larson v. State Ex Rel. PattersonSupreme Court of Alabama · 1957
22 more not listed; retrieve them via the Exa API.