State v. Strickford
Supreme Court of New Hampshire
Information, by the county solicitor, filed December 28, 1899, alleging that the defendant is the owner and occupant of a certain building in Ilooksett, that at the time of the filing of the information, and during the six months next preceding, the building was used for the illegal sale and keeping for sale of spirituous and malt liquors, wine, and cider, and was a common nuisance, and praying for an injunction to abate the same.
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Information, by the county solicitor, filed December 28, 1899, alleging that the defendant is the owner and occupant of a certain building in Ilooksett, that at the time of the filing of the information, and during the six months next preceding, the building was used for the illegal sale and keeping for sale of spirituous and malt liquors, wine, and cider, and was a common nuisance, and praying for an injunction to abate the same. The building was used for such illegal purposes on October 19, 1899, and prior thereto, but was not so used at the time of the filing of the information.
1Opinion of the CourtParsons, J.
Under the statute, it is the illegal use which makes a building used for the illegal sale and keeping for sale of spirituous and malt liquors a common nuisance. P. S., c. 205, s. 4 ; State v. Marston, 64 N. H. 603, 604; State v. Saunders, 66 N. H. 39, 84. A nuisance cannot be abated, with or without legal process, if it has been discontinued, and has not been renewed when proceedings are begun against it. State v. Noyes, 30 N. H. 279; State v. Saunders, supra; The King v. The Justices, 7 D. & E. 467; The King v. Stead, 8 D. & E. 142. Section 2, chapter 81, Laws 1899, does not change the law,…
2Cases cited4 opinions
- State Ex Rel. Rhodes v. SaundersSupreme Court of New Hampshire · 1889
- State Ex Rel. Borthwick v. HarringtonSupreme Court of New Hampshire · 1898
- State Ex Rel. Borthwick v. HarringtonSupreme Court of New Hampshire · 1899
- State Ex Rel. Duke v. MarstonSupreme Court of New Hampshire · 1888
3Cited by1 opinion
- State Ex Rel. Hyde v. LynchSupreme Court of New Hampshire · 1903