State ex rel. Jackson v. Lindsay
Supreme Court of Kansas
Appeal from Shawnee district court. STATEMENT. The appellants, Dr. W. S. Lindsay, Christ’s Hospital and others were charged with keeping and maintaining for compensation and hire an insane asylum or retreat in cottages upon the grounds of Christ’s Hospital in Topeka without having a license so to do and in violation- of -the statute.
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Appeal from Shawnee district court. STATEMENT. The appellants, Dr. W. S. Lindsay, Christ’s Hospital and others were charged with keeping and maintaining for compensation and hire an insane asylum or retreat in cottages upon the grounds of Christ’s Hospital in Topeka without having a license so to do and in violation- of -the statute. The petition also- charged that insane patients in such asylum shrieked, made outcries, exposed their persons, and escaped and attempted to escape; and that the defendants repeatedly, continuously and persistently violated the laws of the state in keeping the…
1Opinion of the Court
*81The opinion of the court was delivered by
Benson, J.:
The contention of the defendants is that the judgment is too broad. It is said in their brief:
“If the trial court had gone no further than to enjoin the appellants from operating these cottages in such a ‘way as to disturb the peace and quiet of the community we would not be in this court complaining of the judgment; but when the judgment perpetually enjoins them from receiving and treating persons who are mentally deranged or of unsound mind, regardless of whether the presence of the patient or the treatment given is objectionable or not,…
2Cases cited8 opinions
- In Re DebsSupreme Court of the United States · 1895
- Vegelahn v. GuntnerMassachusetts Supreme Judicial Court · 1896
- State ex rel. Crow v. CantySupreme Court of Missouri · 1907
- Columbian Athletic Club v. State ex rel. McMahanIndiana Supreme Court · 1895
- State ex rel. Vance v. CrawfordSupreme Court of Kansas · 1882
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3Cited by30 opinions
- Conway-Bogue Realty Investment Co. v. Denver Bar Ass'nSupreme Court of Colorado · 1957
- Postal Tel.-Cable Co. v. City of MontgomerySupreme Court of Alabama · 1915
- Kentucky State Board of Dental Examiners v. PayneCourt of Appeals of Kentucky (pre-1976) · 1926
- New Jersey State Bar Ass'n v. Northern New Jersey Mortgage AssociatesSupreme Court of New Jersey · 1956
- State v. RabinowitzSupreme Court of Kansas · 1911
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