State Ex Rel. Hyde v. Lynch
Supreme Court of New Hampshire
Petition, for tbe abatement of a liquor nuisance, brought by Hyde as superintendent of police in Lebanon. At the February term, 1903, of the superior court, before Pike, J., Hyde asked leave to withdraw his petition, and the defendant moved that the same be dismissed. The county solicitor opposed the motion, and asked leave to appear in the place of the plaintiff and to prosecute the suit to judgment. The request of the solicitor should be granted if the court has power.
1Opinion of the CourtParsons, C. J.
The substantive fact upon which the proceeding depends is the existence of the alleged illegal use at the commencement of the proceedings. State v. Strickford, 70 N H. 297; State v. Saunders, 66 N. H. 39, 90. Such use is the cause of action. Whether tbe injunction against such use is asked in the name of the state by a petition at the instance of an officer of the town, or by an information by the law officer of the county or state, the state is the real plaintiff. State v. Wilkins, 67 N. H. 164, 165. The issue and the judgment are the same in each case. Laws 1899, e. 81, s. 1. Whether the…
2Cases cited5 opinions
- State Ex Rel. Rhodes v. SaundersSupreme Court of New Hampshire · 1889
- State Ex Rel. Thorndike v. CollinsSupreme Court of New Hampshire · 1894
- State Ex Rel. Blodgett v. BatchellerSupreme Court of New Hampshire · 1889
- State Ex Rel. Beebe v. WilkinsSupreme Court of New Hampshire · 1891
- State v. StrickfordSupreme Court of New Hampshire · 1900
3Cited by1 opinion
- George W. Blanchard & Son Co. v. American Realty Co.Supreme Court of New Hampshire · 1919