Hemsley v. Myers
U.S. Circuit Court for the District of Kansas
Ill Equity. On the loth of July, 1890, ITemsley & Linboeker filed In this court a bill in equity against Myers as sheriff, and Irish as county attorney, of Riley county, and XL 13. Spillman as judge of the district court for the twenty-first judicial district of Kansas, which includes R.iley county.
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Ill Equity. On the loth of July, 1890, ITemsley & Linboeker filed In this court a bill in equity against Myers as sheriff, and Irish as county attorney, of Riley county, and XL 13. Spillman as judge of the district court for the twenty-first judicial district of Kansas, which includes R.iley county. The bill alleges, in substance, that the complainant ITemsley, as the agent of Glasner & Barzen, (who are not made parties,) liquor dealers doing business at Kansas City, Mo., and citizens and residents of that state, was soiling intoxicating liquors, as such agent, at Manhattan, Kan., in the…
1Opinion of the CourtCaldwell, J.
The bill is bad on three grounds.
1. Viewed in the light of a bill for an injunction to restrain the violation of a constitutional or common-law right, or the commission of a trespass, it fails to state a case cognizable in equity. The complainants own no property, and have no property rights to be affected. The owners of the liquor and of the house in which it was sold are not parties to the suit. The gravamen of the bill, so far as relates to the complainant Hemsley, is that the alleged illegal acts of the defendants will have the effect to throw him out of his employment as agent for a…
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