Legal Opinion

State v. Kirmeyer

Supreme Court of Kansas

Decided January 11, 1913No. 18,396PublishedCited by 7 opinions

Appeal from Leavenworth district court. STATEMENT. This appeal is from a judgment for the defendant in an action prosecuted by the attorney general and county attorney to abate and enjoin a public nuisance. The petition charges a nuisance committed by the defendant in the open and persistent violation of the prohibitory liquor laws.

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Appeal from Leavenworth district court. STATEMENT. This appeal is from a judgment for the defendant in an action prosecuted by the attorney general and county attorney to abate and enjoin a public nuisance. The petition charges a nuisance committed by the defendant in the open and persistent violation of the prohibitory liquor laws. The petition contains the same averments as those held to be sufficient in The State v. Rabinoiuitz, 85 Kan. 841, 118 Pac. 1040, and also the following: “Plaintiff further alleges that for several months prior to the' institution of this action the said defendant…

1Opinion of the Court

The opinion of the court was delivered by

Benson, J.:

By the prohibitory liquor law of 1881, enacted pursuant to the constitutional amendment of the preceding year, and in various amendments and supplemental acts, the manufacture, sale or barter of spirituous, malt, vinous, fermented or other intoxicating liquor was prohibited, provided that sales might be made for medical, scientific and mechanical purposes, as provided in the act. At the legislative session of 1909, amendments were made eliminating the exceptions, making the prohibition absolute. (Gen. Stat. 1909, §§ 4361, 4362.) At the next…

2Cases cited7 opinions

  1. Austin v. TennesseeSupreme Court of the United States · 1900
  2. Cook v. Marshall CountySupreme Court of the United States · 1905
  3. Adams Express Co. v. KentuckySupreme Court of the United States · 1907
  4. State v. RabinowitzSupreme Court of Kansas · 1911
  5. Central Branch Union Pacific Rld. v. HenighSupreme Court of Kansas · 1880

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

3Cited by7 opinions

  1. Richardson v. SimpsonSupreme Court of Kansas · 1913
  2. State v. FordSupreme Court of Iowa · 1913
  3. McMichael v. CrawfordSupreme Court of Kansas · 1919
  4. Babbit v. Central Life InsuranceSupreme Court of Kansas · 1914
  5. Howard v. StateAlabama Court of Appeals · 1916

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

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