In re Rancour
| Decision Date | 14 March 1890 |
| Parties | In re RANCOUR. |
| Court | New Hampshire Supreme Court |
On petition for habeas corpus.
Laws N. H. 1887, c. 77, § 1, provides that any building in any town or city that is used for the illegal sale of spirituous liquors is declared to be a common nuisance. Section 2 provides that the supreme court shall have jurisdiction in equity upon information or petition to restrain, enjoin, or- abate the same. Petitioner was summoned to give his deposition in a proceeding under the liquor nuisance act against Lucy and Frank Nozrall. He appeared before the magistrate and refused to testify or answer any question, on the ground that the proceeding is in the nature of a criminal complaint, in which the law does not authorize the taking of depositions, and because chapter 77 of the Laws of 1887 is in conflict with the constitution. The magistrate overruled the objection, and ordered him to answer. Still refusing, he was placed under arrest for contempt. Thereupon, he applied for this writ of habeas corpus to test the question whether he was legally bound to answer.
Bingham, Mitchell & Batchellor, for petitioner. D. C. & J. W. Remich, for defendant.
BLODGETT, J. A petition for an injunction under the nuisance act of 1887 is a civil proceeding, and, consequently, depositions may be taken and used therein. Gen. Laws, c. 229, § 1. As to the other objections to the caption taken by the petitioner, it is hardly necessary to say that they were not open to him at that stage of the proceedings. Petition denied.
BINGHAM, J., did not Bit. The others concurred.
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