Legal Opinion

State v. Speyer

Supreme Court of Vermont

Decided January 15, 1895PublishedCited by 14 opinions

Information for keeping and maintaining a pigpen within one hundred feet of an inhabited dwelling. Heard at the December term, 1894, Addison county, Tyler, J., presiding. The respondent filed a general demurrer. This was overruled- and the respondent ordered to plead over, to which the respondent excepted. Thereupon the respondent plead not guilty and a trial by jury was had.

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Information for keeping and maintaining a pigpen within one hundred feet of an inhabited dwelling. Heard at the December term, 1894, Addison county, Tyler, J., presiding. The respondent filed a general demurrer. This was overruled- and the respondent ordered to plead over, to which the respondent excepted. Thereupon the respondent plead not guilty and a trial by jury was had. The state proved due notice from the State Board of Health and the maintaining of the pigpen within one hundred feet of a dwelling house, but did not show the existence of any epidemic or contagious diseases in the…

1Opinion of the CourtStart, J.

The information charges that the respondent kept and maintained a pigpen within one hundred feet of an inhabited dwelling house, in violation of a regulation made by the State Board of Health. To this information the respondent demurred. The demurrer was overruled, information adjudged sufficient, and the respondent ordered to plead over; to which the respondent excepted.

No. 93, Sec. 6, of the Acts of 1886, as amended by No. 82, Sec. 11 of the Acts of 1892, provides that the State Board of Health shall have authority to promulgate and enforce such regulations for the better preservation of…

2Cases cited2 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. Minnesota v. BarberSupreme Court of the United States · 1890

3Cited by14 opinions

  1. Sabre v. Rutland RailroadSupreme Court of Vermont · 1913
  2. Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
  3. State v. MorseSupreme Court of Vermont · 1911
  4. State v. HaskellSupreme Court of Vermont · 1911
  5. State v. RobbSupreme Judicial Court of Maine · 1905

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