Legal Opinion

People v. Bink

Appellate Division of the Supreme Court of the State of New York

Decided May 8, 1912Published

Appeal from Saratoga iGounty Court. Edward. Bint was indicted for maintaining a public nuisance. His demurrer thereto was sutained, and the People appeal. Reversed, and demurrer overruled, with leave to defendant to plead anew. Argued before -Smith, P. J., and Kellogg, Houghton, Betts and Lyon, JJ.

1Opinion of the Court

Smith, P. J.:

The indictment challenged Charged that the defendant, near a public highway in the town of Stillwater, upon which said public highway a large number of people were daily passing and repassing, and in the vicinity and near the dwelling houses of a large number of people then and there living and residing, did unlawfully keep, maintain, and conduct a certain building,, stove, boiler, cauldron, place, and establishment, and did cause and procure to be kept, maintained and conducted a certain building, stove, boiler, cauldron, place, and establishment, for the purpose of cooking,…

2Cases cited54 opinions

  1. Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
  2. Melker v. . City of New YorkNew York Court of Appeals · 1908
  3. People v. . ZerilloNew York Court of Appeals · 1911
  4. Booth v. Rome, Watertown & Ogdensburg Terminal RailroadNew York Court of Appeals · 1893
  5. People v. PlattNew York Supreme Court · 1819

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