State ex rel. Attorney General Lyon v. Riddock & Byrnes

Citations

• 78 S.C. 286

Syllabus

<p>1. INJunctioh — Jurisdiction—Rule.—Upon petition by Attorney General, alleging certain persons are maintaining and will maintain indefinitely on the premises of .a corporation, with its knowledge and consent, a business which is declared by statute to be a nuisance, and for removal of which the State has no adequate remedy, this Court upon so finding will enjoin both the individuals and the corporation from continuing the nuisance.</p> <p>2. Ibid. — Ibid.'—-Rule—Nuisance—Summons.—This Court has jurisdiction to hear and determine whether a statutory nuisance is being maintained, upon petition and rule issued by one of the Justices of this Court, returnable to the Court, without service of summons.</p> <p>3. Ibid.' — Nuisance—Rule—Constitutional Law. — Requiring one by rule on petition to answer under oath whether he is maintaining a statutory nuisance, which is made a crime by statute, does not require respondent to testify against himself in violation of the rights accorded him by Fifth Amendment to the Constitution of United States and sec. 17 of art. 1 of Constitution of this State.</p> <p>4. Ibid. — Ibid.—Jury—Constitutional Law. — A statutory nuisance may be declared by this Court to be maintained by one, without trial and conviction by a jury, and such adjudication by the Court does not deprive the individual of the right to trial by jury accorded him by sec. 2, art. Ill of Constitution of United States, and secs. 5 and 25 of art. I of Constitution of this State.</p>