Legal Opinion

State v. Murphy

Supreme Court of Vermont

Decided October 12, 1898PublishedCited by 6 opinions

Chancery. Came on for hearing upon demurrer to the bill at the March term, 1898, Chittenden county, before Thompson, Chancellor, who rendered a pro-forma decree overruling the demurrer and making the temporary injunction perpetual. The defendant appealed.

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Chancery. Came on for hearing upon demurrer to the bill at the March term, 1898, Chittenden county, before Thompson, Chancellor, who rendered a pro-forma decree overruling the demurrer and making the temporary injunction perpetual. The defendant appealed. The complaint alleged that from the 5th day of April, 1897, to the date of the complaint the defendant had kept, maintained and used as a place of resort a certain building in the city of Burlington, particularly described, in which building during all that time intoxicating liquor had been kept by the defendant with intent then and there to…

1Opinion of the CourtTaft, J.

This is aproceedingin equity under the provisions of Y. S. c. 187, to abate a nuisance. Y. S. 4512 makes certain places where intoxicating liquor is sold, furnished or *135given away, or kept for that purpose, a common nuisance and requires that the same shall be abated or enjoined as afterwards provided. Sections 4524-6 provide that an action may be prosecuted in the court of chancery, to abate and perpetually enjoin the same, and that any person violating the terms of an injunction granted in such proceedings shall be punished as for contempt byline or imprisonment or both. A subsequent…

2Cases cited2 opinions

  1. In Re DebsSupreme Court of the United States · 1895
  2. Carleton v. RuggMassachusetts Supreme Judicial Court · 1889

3Cited by6 opinions

  1. State ex rel. Wilcox v. RyderSupreme Court of Minnesota · 1914
  2. Commonwealth v. United Food Corp.Massachusetts Supreme Judicial Court · 1978
  3. State v. MarshallMississippi Supreme Court · 1911
  4. Napro Development Corp. v. Town of BerlinSupreme Court of Vermont · 1977
  5. State v. MasseySupreme Court of Vermont · 1900

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