Legal Opinion

State Ex Rel. Lyon v. New Charleston Hotel Co.

Supreme Court of South Carolina

Decided April 21, 1908No. 6885PublishedCited by 4 opinions

Petition in the original jurisdicition of this Court by J. Fraser Lyon, Attorney General, on behalf of the State of South Carolina again-st Riddock & Byrnes, Ernest Brown and thé New Charleston Hotel Company, for injunction. cites: Legislature may declare certain places or acts nuisances: Joyce on Nui., Sec. 31; 152 U. S., 136. Courts of equity hai/e jurisdiction to enjoin public nuisances: 78 SC., 286; 1 Spell, on Ext.

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Petition in the original jurisdicition of this Court by J. Fraser Lyon, Attorney General, on behalf of the State of South Carolina again-st Riddock & Byrnes, Ernest Brown and thé New Charleston Hotel Company, for injunction. cites: Legislature may declare certain places or acts nuisances: Joyce on Nui., Sec. 31; 152 U. S., 136. Courts of equity hai/e jurisdiction to enjoin public nuisances: 78 SC., 286; 1 Spell, on Ext. Rem., 318; 2 High on Inc., Sec. 1554; Joyce on Nui., Sec. 416; 1 Ency., 64;. 69 Am. Dec., 187; 42 Am. R., 182; 18 Ves., 217; 19 Ves., 617; 28 Kan., 735; 1 N. C., 12'; 22 Ala.,…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

This is an application addressed to the Court, in the exercise of its original jurisdicition, for an injunction.

The following is a copy of the petition:

1. “That your petitioner is informed and believes that the respondents, E. J. Riddock and Wm. Byrnes, are partners, doing business in the city of Charleston, in said State and under the firm name and style of Riddock & Byrnes, and are engaged in and carrying on the business hereinafter alleged, and are in possession, as lessees thereof, of certain real estate situated in the city of…

2Cases cited1 opinion

  1. Moody v. McKinneySupreme Court of South Carolina · 1906

3Cited by4 opinions

  1. Joiner v. StateSupreme Court of Alabama · 1936
  2. Trustees of the University of South Carolina v. Trustees of the Academy of ColumbiaSupreme Court of South Carolina · 1910
  3. State ex rel. Daniel v. AndersonSupreme Court of South Carolina · 1929
  4. State v. AndersonSupreme Court of South Carolina · 1929

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