Marvel v. State ex rel. Morrow
Supreme Court of Arkansas
Appeal from Johnson Chancery Court; Jordan Sellers, Chancellor; 1. The demurrer should have been sustained. The pe? tition does not allege that the nuisance affected any public property or public civil rights, or that criminal process was inadequate to afford relief, or that there was no adequate remedy at law. 81 Ark. 117; High on Injunctions, 23; 37 S. W. 478; 34 L. R. A. 95; 45 S. W; 506. Where the remedy at law is complete or criminal process adequate, equity will not…
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Appeal from Johnson Chancery Court; Jordan Sellers, Chancellor; 1. The demurrer should have been sustained. The pe? tition does not allege that the nuisance affected any public property or public civil rights, or that criminal process was inadequate to afford relief, or that there was no adequate remedy at law. 81 Ark. 117; High on Injunctions, 23; 37 S. W. 478; 34 L. R. A. 95; 45 S. W; 506. Where the remedy at law is complete or criminal process adequate, equity will not grant relief. 26 Ark. 649; 27 Id. 157; 48 Id. 331; 81 Id. 117. 2. The act is void. The Legislature had no authority to…
1Opinion of the CourtSmith, J.
By the decree of the chancery court of Johnson County, appellant was enjoined from selling intoxicating liquors illegally in a building owned by him in the town of Hartman, in said county. The suit was brought in the name of the State, on the relation of the prosecuting attorney. A demurrer to the petition was filed and overruled. It is now said this demurrer should have been sustained because the petition did not allege that the nuisance affected any public property or public civil rights; nor that the criminal processes were inadequate to afford relief; nor that there was no adequate remedy…
2Cases cited6 opinions
- Walls v. BrundidgeSupreme Court of Arkansas · 1913
- State v. VaughanSupreme Court of Arkansas · 1906
- Hester v. BourlandSupreme Court of Arkansas · 1906
- German National Bank v. MooreSupreme Court of Arkansas · 1915
- Lyric Theater v. StateSupreme Court of Arkansas · 1911
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3Cited by19 opinions
- Young v. YoungSupreme Court of Arkansas · 1944
- Commonwealth v. United Food Corp.Massachusetts Supreme Judicial Court · 1978
- Nethercutt v. Pulaski County Special School DistrictSupreme Court of Arkansas · 1970
- State Ex Rel. Attorney General v. KarstonSupreme Court of Arkansas · 1945
- Arkansas Cotton Growers' Co-Operative Ass'n v. BrownSupreme Court of Arkansas · 1925
14 more not listed; retrieve them via the Exa API.