Detroit Realty Co. v. Barnett
Michigan Supreme Court
Appeal from Wayne; Donovan, J. Bill by the Detroit Realty Company and others against . Edward Barnett and David Oppenheim to abate a nui- ' sanee. From a decree dismissing the bill, complainants appeal. The complainants are owners of residences in the city of Detroit; said property being upon the same street with, and in close proximity to, the saloon and dance hall complained of in this case.
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Appeal from Wayne; Donovan, J. Bill by the Detroit Realty Company and others against . Edward Barnett and David Oppenheim to abate a nui- ' sanee. From a decree dismissing the bill, complainants appeal. The complainants are owners of residences in the city of Detroit; said property being upon the same street with, and in close proximity to, the saloon and dance hall complained of in this case. Defendant Oppenheim is the owner, and defendant Barnett is the lessee and occupant, of the premises used for the saloon and dance hall. The bill is filed for the purpose of obtaining an abatement of a…
1Opinion of the CourtHooker, J.
(after stating the facts). Upon this record we must treat the case as one to be heard de novo. The complainants do not ask, and defendants have not saved their right to ask, that the case be remanded for further testimony, notwithstanding the fact that the court said during the discussion:
“ The Court: The question in this case is where a man is under license by the Government and by the State he stands upon another footing from one who erects a boiler shop or a machine shop or commits a nuisance that way; and the question here is: Can the Wayne circuit court restrain the commission of a crime…
2Cases cited16 opinions
- Beck v. Railway Teamsters' Protective UnionMichigan Supreme Court · 1898
- People v. Detroit White Lead Works Corp.Michigan Supreme Court · 1890
- People ex rel. Ayres v. Board of State AuditorsMichigan Supreme Court · 1880
- Edwards v. Allouez Mining Co.Michigan Supreme Court · 1878
- Robinson v. BaughMichigan Supreme Court · 1875
11 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Fredal v. ForsterMichigan Court of Appeals · 1967
- Hoyt v. McLaughlinIllinois Supreme Court · 1911
- People, Ex Rel. Moll v. DanzigerMichigan Supreme Court · 1927
- Board of Health v. VinkMichigan Supreme Court · 1915
- George v. TravisMichigan Supreme Court · 1915
2 more not listed; retrieve them via the Exa API.