Mayor of Manchester v. Smyth
Supreme Court of New Hampshire
Bill in Equity, for an injunction to restrain the defendant from proceeding further with the work of raising and enlarging a building in Manchester, in violation of the following ordinance of the city: “No person shall ei-ect, or cause to be erected, any building exceeding ten feet in height, nor shall any building now or hereafter erected be raised or enlarged, unless the walls of the same shall be built of iron, brick, or stone, with the roof of slate, iron, or other…
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Bill in Equity, for an injunction to restrain the defendant from proceeding further with the work of raising and enlarging a building in Manchester, in violation of the following ordinance of the city: “No person shall ei-ect, or cause to be erected, any building exceeding ten feet in height, nor shall any building now or hereafter erected be raised or enlarged, unless the walls of the same shall be built of iron, brick, or stone, with the roof of slate, iron, or other incombustible material,within the following limits,” etc. Facts found by the court. The original building — a dwelling-house…
1Opinion of the CourtAllen, J.
The plaintiff seeks the extraordinary remedy of a perpetual injunction against the defendant’s proposed erection and enlargement of his building, claimed to be in violation of a penal ordinance of the city made to prevent the spread of fire. The equity powers of the court are not often, if ever, invoked or used to restrain or suppress the commission of crimes and misdemeanors, either as a substitute for the remedy by prosecution for the penalty affixed to the offence, or to obviate the necessity of repeated prosecutions. The equity jurisdiction of the court undoubtedly includes, in proper…
2Cases cited1 opinion
- President of Waupun v. MooreWisconsin Supreme Court · 1874
3Cited by8 opinions
- First National Bank v. SarllsIndiana Supreme Court · 1891
- Board of Health v. VinkMichigan Supreme Court · 1915
- Perrin v. Mountain View Mausoleum Assn.California Supreme Court · 1929
- Ewing v. Webster CitySupreme Court of Iowa · 1897
- Incorporated Town of Rochester v. WaltersIndiana Court of Appeals · 1901
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