State ex rel. Kelly v. Nelson
North Dakota Supreme Court
Appeal from District Court, Nelson county; Fisk, J. Action by the state, on the relátion of George D. Kelly, as state’s attorney, against Theodore B. Nelson and others, to abate a nuisance. Judgment for defendants and plaintiff appeals. If the nuisance existed in the particular place proceeded against, then such nuisance must be abated and its continuance enjoined, irrespective of any questions of title or ownership in the property harboring the nuisance. State ex rel.
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Appeal from District Court, Nelson county; Fisk, J. Action by the state, on the relátion of George D. Kelly, as state’s attorney, against Theodore B. Nelson and others, to abate a nuisance. Judgment for defendants and plaintiff appeals. If the nuisance existed in the particular place proceeded against, then such nuisance must be abated and its continuance enjoined, irrespective of any questions of title or ownership in the property harboring the nuisance. State ex rel. Sheek-s v. Hilliard, 10 N. D. 436, 87 N. W. 980; Commonwealth v. Hayes, 45 N. E. 82; State v. Lord, 55 Pac. 503; Carter v.…
1Opinion of the CourtCochrane, J.
This is an equitable action prosecuted by the state’s attorney of Nelson county to have the Exchange Hotel, situated on lot 10 of block 12, in the village of Aneta. Nelson county, N. D., adjudged to be a common nuisance, and directing that it be shut up, abated and closed, and to enjoin the defendants from using or permitting such premises to be used for the keeping for sale or for the sale of intoxicating liquors, and plaintiff asks for costs and attorney’s fees. The case is here for trial anew under section 5630, Rev. Codes 1899.
The complaint, after alleging the ownership of the property to…
2Cases cited26 opinions
- State v. RozumNorth Dakota Supreme Court · 1899
- State ex rel. McClory v. DonovanNorth Dakota Supreme Court · 1901
- State v. EkangerNorth Dakota Supreme Court · 1899
- State v. McGaheyNorth Dakota Supreme Court · 1904
- State v. KerrNorth Dakota Supreme Court · 1894
21 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Braatz v. City of FargoNorth Dakota Supreme Court · 1910
- Commonwealth v. RuhCourt of Appeals of Kentucky · 1917
- State v. PoullNorth Dakota Supreme Court · 1905
- State v. KruseNorth Dakota Supreme Court · 1909
- Locke v. StateCourt of Appeals of Texas · 1982
1 more not listed; retrieve them via the Exa API.