State Ex Rel. Lyon v. City Club
Supreme Court of South Carolina
Before Gage, J., Richland, October, 1908. Proceeding to abate a nuisance by the Attorney General against City Club, Jeff DePay and Maynard Spigener. Prom order refusing injunction, petitioner appeals.' Oral argument. cites: Complaint shows no nuisance to exist at time of filing: 22 Pa. Ann., 89; 1 Bish, Cr.
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Before Gage, J., Richland, October, 1908. Proceeding to abate a nuisance by the Attorney General against City Club, Jeff DePay and Maynard Spigener. Prom order refusing injunction, petitioner appeals.' Oral argument. cites: Complaint shows no nuisance to exist at time of filing: 22 Pa. Ann., 89; 1 Bish, Cr. P., secs. 505, 1113; 72 N. H., 476; Acts 1907, 473. General injunction should not be granted:■ 17 Pncy., 322; 109 la., 101; 101 la., 270. Injunction should not issue after nuisance discontinued: 3- Ohio St., 475.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chiee Justice Jones.
This proceeding was commenced in the Common Pleas for Richland county for an injunction against respondents to restrain the maintenance of a liquor nuisance in the city of Columbia, and to enjoin the City Club and Jeff DePay from selling or dispensing-alcoholic liquors and beverages. A rule to show cause was issued and a temporary restraining order was granted.
Upon the hearing Judge Gage made order refusing to grant permanent injunction, from which the State appeals.
Respondent, Spigener, owner of the premises, made return and…
2Cases cited3 opinions
- Clark v. RiddleSupreme Court of Iowa · 1897
- State ex rel. Columbia Club v. McMasterSupreme Court of South Carolina · 1892
- State v. FrahmSupreme Court of Iowa · 1899
3Cited by11 opinions
- Ezell v. RitholzSupreme Court of South Carolina · 1938
- State v. RabinowitzSupreme Court of Kansas · 1911
- State v. FraySupreme Court of Iowa · 1932
- Matthews v. Georgia State Savings Ass'nSupreme Court of Arkansas · 1918
- State Ex Rel. Whall v. Saenger Theatres Corp.Mississippi Supreme Court · 1941
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