Legal Opinion

McAlister v. Clark

Supreme Court of Connecticut

Decided September 15, 1865PublishedCited by 6 opinions

Action of debt, brought to the city court for the city of New Haven, to recover a penalty of fifty dollars, under the provisions of a city by-law. The defendant demurred generally to the declaration, upon which issue was joined, and judgment given for the plaintiff. The case came by appeal to the superior court, and was there reserved upon the same pleadings for the advice of this court.

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Action of debt, brought to the city court for the city of New Haven, to recover a penalty of fifty dollars, under the provisions of a city by-law. The defendant demurred generally to the declaration, upon which issue was joined, and judgment given for the plaintiff. The case came by appeal to the superior court, and was there reserved upon the same pleadings for the advice of this court. The provisions of the by-law, and the allegations in the declaration of its breach by the defendant, are sufficiently stated in the opinion.

1Opinion of the CourtHinman, C. J.

This is an action by the treasurer of the city of New Haven for a penalty incurred under a by-law of *92the city, imposing such penalty on the owners or keepers of houses of ill-fame, or assignation houses, or houses reputed to be houses of ill-fame or assignation houses. The by-law in question declares such, houses to be common nuisances, and subjects the persons owning them, and having knowledge of such keeping, occupation, use and reputation, to the penalty in question, on the ground of their being deemed guilty of causing, committing, or, as the case may be, maintaining a nuisance.

The…

2Cited by6 opinions

  1. Ikeda v. CurtisWashington Supreme Court · 1953
  2. State Ex Rel. Rhodes v. SaundersSupreme Court of New Hampshire · 1889
  3. State v. BoardmanSupreme Judicial Court of Maine · 1874
  4. State v. KeithleyMissouri Court of Appeals · 1910
  5. Rhodes v. StateSupreme Court of Arkansas · 1945

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