Legal Opinion

State v. Rabinowitz

Supreme Court of Kansas

Decided November 11, 1911No. 17,731; No. 17,732; No. 17,733; No. 17,734; No. 17,735PublishedCited by 27 opinions

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.

Read the full summary

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

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. In Re DebsSupreme Court of the United States · 1895
  3. Vegelahn v. GuntnerMassachusetts Supreme Judicial Court · 1896
  4. State v. . TooleSupreme Court of North Carolina · 1890
  5. State ex rel. Crow v. CantySupreme Court of Missouri · 1907

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

3Cited by27 opinions

  1. Bolin v. Cessna Aircraft Co.District Court, D. Kansas · 1991
  2. People, Ex Rel. Moll v. DanzigerMichigan Supreme Court · 1927
  3. City of Corsicana v. KingCourt of Appeals of Texas · 1928
  4. State ex rel. Beck v. BashamSupreme Court of Kansas · 1937
  5. Larson v. State Ex Rel. PattersonSupreme Court of Alabama · 1957

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API