State v. Walruff
United States Circuit Court
On Motion by Plaintiff to Remand Case -to State Court. The opinion states the facts. This is a civil case commenced in the district court of Douglas county, state of Kansas, by the county attorney of said county, to abate an alleged nuisance, to-wit, a place where intoxicating liquors are manufactured, bartered, sold, and given away, in violation of the prohibitory liquor law of the state, (chapter 128, Laws 1881, as amended by chapter 149, Laws 1885.) The defendants filed…
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On Motion by Plaintiff to Remand Case -to State Court. The opinion states the facts. This is a civil case commenced in the district court of Douglas county, state of Kansas, by the county attorney of said county, to abate an alleged nuisance, to-wit, a place where intoxicating liquors are manufactured, bartered, sold, and given away, in violation of the prohibitory liquor law of the state, (chapter 128, Laws 1881, as amended by chapter 149, Laws 1885.) The defendants filed with the clerk of the district court a bond and petition for removal to this court, and, on the hearing of said petition,…
1Opinion of the CourtBrewer, J.
The facts upon which the foundation question in this case rests are few and simple. Between 1870 and 1874 the defendants constructed a brewery in Lawrence, Kansas. The building, machinery, and fixtures were designed and adapted for the making of beer and for nothing else. For such purpose they are worth $50,000; for any other use not to exceed $5,000. At the time of the erection of the building, and up to 1880, the making of beer was as legal, as free from tax, license, or other restriction, as the milling of flour. In that year a constitutional amendment was adopted, prohibiting the…
2Cases cited7 opinions
- Den Ex Dem. Murray v. Hoboken Land & Improvement Co.Supreme Court of the United States · 1856
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- Beer Co. v. MassachusettsSupreme Court of the United States · 1878
- Stone v. MississippiSupreme Court of the United States · 1880
- Bartemeyer v. IowaSupreme Court of the United States · 1874
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3Cited by2 opinions
- Davis & Farnum Mfg. Co. v. City of Los AngelesU.S. Circuit Court for the District of Southern California · 1902
- Mills v. AgnewDistrict Court, D. Maryland · 1968