White v. Creamer
Massachusetts Supreme Judicial Court
Petition, by ten legal voters of the town of Blackstone, under St. 1887, c. 380, to enforce the provisions of St. 1889, c. 114, as to abating a nuisance. The prayers were for an injunction, or for an injunction until the further orders of the court. The answer set out that the petition was against persons, and was brought to enjoin acts within the exclusive jurisdiction of the common law courts, and also thaf the property should be described in the petition.
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Petition, by ten legal voters of the town of Blackstone, under St. 1887, c. 380, to enforce the provisions of St. 1889, c. 114, as to abating a nuisance. The prayers were for an injunction, or for an injunction until the further orders of the court. The answer set out that the petition was against persons, and was brought to enjoin acts within the exclusive jurisdiction of the common law courts, and also thaf the property should be described in the petition. Hearing before Lathrop, J., who reserved the case for the consideration of the full court upon the pleadings and an agreed statement of…
1Opinion of the CourtLathrop, J.
It is stated in the agreed facts that the only questions that are to be decided are: 1. Whether the court record containing the plea of nolo contendere is competent evidence in this proceeding, against the defendants’ objection ; and if so, can the prayers of the petition be granted thereon ? 2. Such questions as are raised in the answer to the sufficiency of the petition.
It appears from the agreed facts that at the time the petition was brought, namely, July 8, 1899, the defendants Mulvey and Creamer were doing business on the premises described in the petition, and that they had sold,…
2Cases cited2 opinions
- Carleton v. RuggMassachusetts Supreme Judicial Court · 1889
- Commonwealth v. IngersollMassachusetts Supreme Judicial Court · 1888
3Cited by17 opinions
- Olsen v. CorreiroCourt of Appeals for the First Circuit · 1999
- Twin Ports Oil Co. v. Pure Oil Co.District Court, D. Minnesota · 1939
- Caminetti v. Imperial Mutual Life Insurance Co.California Court of Appeal · 1943
- In Re EatonIllinois Supreme Court · 1958
- Neibling v. TerrySupreme Court of Missouri · 1944
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