City Council v. Blythe

TPIIS was an action of debt brought by the city of Indianapolis against Blythe and Iledderly, to recover of them a penalty of 50 dollars for keeping a nuisance within *76said city. The Court of Common Pleas dismissed the suit. The matter complained of was a nuisance, not from being declared so by a city by-law, but at common law. This decision was right. Keeping a nuisance was a criminal offence at common law, and is by statute. This case, therefore, falls directly within The City of Madison v. Hatcher, 8 Blackf. 341, to which case the Court adheres. See Welch v. Stowell, 2 Doug. 322.— Zylstra…