State Ex Rel. Blodgett v. Batcheller
Supreme Court of New Hampshire
Petition, under Laws of 1887, c. 77, signed by twenty legal voters, for the abatement of a liquor nuisance in Fitzwilliam. It alleges that “ the building occupied ” by the defendants “ as a drug store, savings-bank, and post-office ... is a place where spirituous liquors are unlawfully kept and sold, and is a common nuisance,” and prays that “ the same may be abated, and for such further relief as may be just.” The defendants demur.
1Opinion of the CourtCarpenter, J.
The petition is defective. It is not alleged that the defendants maintain the nuisance, — that they use the building for the illegal sale, or keeping for sale, of spirituous liquors. The building may be occupied by the defendants as a drug store, savings-bank, and post-office, and by other persons for other purposes. It is consistent with the allegations of the petition that the liquors are kept for sale and sold in the building by other occupants and not by the defendants. It is not the building, but the illegal use of it, that is the nuisance. When such use of it ceases, the nuisance is…
2Cited by6 opinions
- State Ex Rel. Thorndike v. CollinsSupreme Court of New Hampshire · 1894
- State v. Spirituous LiquorsSupreme Court of New Hampshire · 1909
- People v. Detroit United RailwayMichigan Supreme Court · 1919
- State Ex Rel. Hyde v. LynchSupreme Court of New Hampshire · 1903
- Claremont School District v. GovernorSupreme Court of New Hampshire · 1997
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