Page v. Brooks
Supreme Court of New Hampshire
Bill in Equity, by owners of premises in Portsmouth used for residential purposes and adjoining the defendant’s premises, for an injunction against his building a public garage on his land and from conducting an automobile service and repair business therein.
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Bill in Equity, by owners of premises in Portsmouth used for residential purposes and adjoining the defendant’s premises, for an injunction against his building a public garage on his land and from conducting an automobile service and repair business therein. He intends to do the acts complained of, without obtaining a license for that purpose from the city council of Portsmouth in accordance with an ordinance, which provides that no person shall erect “any steam mill. . . . nor establish any automobile garage, until he has presented to the city council a petition therefor, setting out the…
1Opinion of the CourtWalker, J.
One question presented by the plaintiffs’ exceptions to the special rulings and to the decree dismissing the bill, is whether the city ordinance, which in substance prohibits the erection of any building in the city of Portsmouth, intended to be used as a garage for automobiles, until the owner of the premises has obtained a license therefor from the city council upon petition for the same, is admissible for any purpose in this proceeding. The court ruled that the ordinance was invalid and not binding upon the defendant and declined to receive it in evidence. If it was a valid ordinance, ft…
2Cases cited12 opinions
- Horan v. ByrnesSupreme Court of New Hampshire · 1903
- Nadeau v. SawyerSupreme Court of New Hampshire · 1904
- Franklin v. DurgeeSupreme Court of New Hampshire · 1901
- Ladd v. Granite State Brick Co.Supreme Court of New Hampshire · 1894
- O'Brien v. DerrySupreme Court of New Hampshire · 1905
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Robie v. LillisSupreme Court of New Hampshire · 1972
- Hoover v. HortonCourt of Appeals of Texas · 1948
- Johnson v. DrysdaleSouth Dakota Supreme Court · 1939
- Treisman v. KamenSupreme Court of New Hampshire · 1985
- Musgrove a v. Winthrop Parker A.Supreme Court of New Hampshire · 1931
3 more not listed; retrieve them via the Exa API.