Legal Opinion

In re Love

Appellate Division of the Supreme Court of the State of New York

Decided May 2, 1923PublishedCited by 5 opinions

1Opinion of the Court

Sears, J.:

The appellant attacks as unconstitutional the provisions of section 1217, which is in article 113 of the Penal Law (as added by Laws of 1921, chap. 155), known as the State Prohibition Act, to the effect that in a proceeding under that section to restrain the maintenance of a nuisance in connection with the manufacture or sale of intoxicating liquor “ the court or judge also may' order that such room, house, building, structure, boat, vehicle or place shall not be occupied or used for one year thereafter, or that it shall not be occupied or used during such period for other than…

2Cases cited10 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. Lawton v. . SteeleNew York Court of Appeals · 1890
  3. Colon v. . LiskNew York Court of Appeals · 1897
  4. State ex rel. Beek v. WagenerSupreme Court of Minnesota · 1899
  5. State ex rel. Wilcox v. RyderSupreme Court of Minnesota · 1914

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3Cited by5 opinions

  1. State v. Sawtooth Men's ClubIdaho Supreme Court · 1938
  2. United States v. MyersAppellate Division of the Supreme Court of the State of New York · 1926
  3. People ex rel. Lemon v. CaparboNew York Supreme Court · 1929
  4. United States v. MyersNew York Supreme Court · 1925
  5. United States v. SirianniNew York Supreme Court · 1931

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