Pottenger v. State ex rel. Herrick
Supreme Court of Kansas
Appeal from Brown District Court. Action by The State, on the relation of R. T. Herrick, county attorney, against L. B. Pottenger, to enjoin the maintenance of a nuisance. Judgment was rendered for plaintiff, and defendant brings error.
1Opinion of the Court
The opinion of the court was delivered by
Allen, J.:
This action was instituted under ¶ 2533 of the General Statutes of 1889, to enjoin the defendant from maintaining a nuisance, as defined by that section. The first point made in the brief for the appellant is that the action was improperly brought in the name of the state, on the relation of the county attorney. That part of the section authorizing such an action reads as follows: “ The attorney general, county attorney, or any citizen of the county where such nuisance exists, or is kept, or is maintained, may maintain an action in the name…
2Cases cited1 opinion
- State ex rel. Curtis v. DureinSupreme Court of Kansas · 1891
3Cited by3 opinions
- State v. BoyleIdaho Supreme Court · 1947
- State v. GlassSupreme Court of Kansas · 1916
- State v. SamuelsSupreme Court of Kansas · 1946