Lyric Theater v. State
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court; /. V. Bourland, chancellor; 1. The court should have sustained the.demurrer because it did not state facts sufficient to constitute a cause of action nor fact sufficient to give the chancery court jurisdiction.
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Appeal from Sebastian Chancery Court; /. V. Bourland, chancellor; 1. The court should have sustained the.demurrer because it did not state facts sufficient to constitute a cause of action nor fact sufficient to give the chancery court jurisdiction. Courts of equity will not interfere where the acts complained of do not work great and irreparable injury, and where no private property or corporate rights are involved. 25 Ark. 301. Injunction does not lie to restrain a public nuisance unless it affects the civil property rights of the State or the public health. 81 Ark. 117; 14 Mo. App. 413; 78…
1Opinion of the CourtFrauenthal, J.
This was a suit instituted in the name of the State of Arkansas on the relation of the prosecuting attorney of the Twelfth Judicial Circuit, seeking to enjoin appellants from giving any vaudeville or moving picture shows upon Sunday in a theater conducted by them in the city of Fort Smith. It was alleged in the complaint that appellants had advertised that they would conduct such shows at their theater on certain Sundays, and, upon being notified by the law officers that they would be arrested for the offense of Sabbath breaking if they did so, they thereupon made no charge for admittance to…
2Cases cited4 opinions
- In Re DebsSupreme Court of the United States · 1895
- State v. VaughanSupreme Court of Arkansas · 1906
- Attorney General ex rel. Muskegon Booming Co. v. Evart Booming Co.Michigan Supreme Court · 1876
- Quarles v. StateSupreme Court of Arkansas · 1891
3Cited by13 opinions
- Board of Health v. VinkMichigan Supreme Court · 1915
- Marvel v. State ex rel. MorrowSupreme Court of Arkansas · 1917
- State Ex Rel. Attorney General v. KarstonSupreme Court of Arkansas · 1945
- Rosenbaum v. StateSupreme Court of Arkansas · 1917
- Smith v. HammSupreme Court of Arkansas · 1944
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