Duke v. Marston
Decision Date | 19 July 1888 |
Citation | 64 N.H. 603,15 A. 222 |
Parties | DUKE et al. v. MARSTON et al. |
Court | New Hampshire Supreme Court |
R. N. Chamberlin, for petitioners. Ladd & Fletcher and D. J. Bailey, for defendants.
This is a petition under Laws 1887, c. 77, signed by 20 legal voters of the town of Berlin, and is as follows: The defendants demur, and the question is as to the sufficiency of the petition. The statute is as follows: The petition alleges that the building complained of "is occupied by its owner * * * for the purpose of selling," etc. This is obscure. It may mean that the occupant has an unexecuted intent to use the building for selling, etc. It may mean that the building is so used. In civil actions, where words are used which bear a natural sense, and an anticipated sense, they may betaken either way against the party pleading; and if either sense will operate against the pleader, his pleading is defective. Gould, Pl. c. 3, § 54. The purpose of the occupant is immaterial so long as it is not carried into effect. It is the use made of the building for illegal purposes which makes the building a common nuisance. There is no allegation that the selling or keeping for sale is illegal. The sale of cider in quantities of 10 gallons and upwards is not illegal; and sales of intoxicating liquor by a town agent, within the limitations of his appointment, are...
To continue reading
Request your trial-
State v. Baltimore & O.R. Co.
... ... laws. State v. Crawford, supra; State v. Greenway, ... 92 Iowa 472, 61 N.W. 239; State v. Marston, 64 N.H ... 603, 15 A. 222; State v. Saunders, 66 N.H. 39, 25 A ... 588, 18 L.R.A. 646 ... I think ... it is erroneous to ... ...
-
State ex rel. Dunlap v. Luckuck
... ... defective as charging merely a "purpose," which ... sometimes means an unexecuted intent. See: Duke v ... Marston, 64 N.H. 603, 15 A. 222. The petition, however, ... contains other allegations that are more definite. The next ... paragraph ... ...
-
State v. Roberts
...sobriety * * * among the people." The business of selling liquor is not of itself wrongful and a nuisance per se. State v. Marston, 64 N. H. 603, 15 Atl. 222; Commonwealth v. Blackington, 24 Pick. (Mass.) 352, 358; Commonwealth v. McDonough, 13 Allen (Mass.) 581, 584; 1 Bish. New. Cr. L. §§......
-
State v. Saunders
...use made of a liquor saloon that makes the building a nuisance, and the nuisance is abated by an injunction against the use. State v. Marston, 64 N. H. 603, 604, 15 Atl. Rep. 222. If an act were passed authorizing an injunction against the crime of larceny, or against the violation of crimi......