State v. Marshall

Citations

• 100 Miss. 626
• 56 So. 792

Syllabus

<p>1. Criminal Prosecution. Jurisdiction of chancery court. Intoxicating liquors. Abatement and injunction. Relief. Constitution 1890, sections 126, 131, 159. Laws of 1910, chapter 134.</p> <p>The chancery court cannot inflict any punishment under the criminal laws of the state.</p> <p>2. Bill in Chancery. Relief. Prayer of bill.</p> <p>If a bill in chancery states a good cause of action it is not made , bad because the party filing the same seeks greater relief than is allowable. He is entitled to have all the relief to which he shows a right, and which is in whole or in part appropriate to the prayer of the bill.</p> <p>8. Injunction. Unsworn bill. Code of 1906, section 608.</p> <p>The issuance of an injunction upon an unsworn bill, is expressly authorized by section 608, Code of 1906.</p> <p>4. Chancery Courts. Acts of 1910, chapter 134.. Constitution 1890, section 159.</p> <p>Chapter 134, page 124, of the acts of 1910, which provides that any person selling or piving away intoxicating liquors in violation of law shall be subject to certain penalties, and further declaring that such sales constitute a nuisance and conferring on chancery courts concurrent jurisdiction to entertain suits for the penalties and to suppress the nuisance and restrain such violators; does not confer on chancery courts any jurisdiction to entertain criminal prosecutions and is not in conflict' with the Constitution 1890, section 159, which provides that the chancery court shall 'have full jurisdiction in all matters of equity. 3</p> <p>5. Same.</p> <p>When the statute says that the chancery court shall, by proper judgments and orders, punish and restrain the violators thereof, it simply gave that court full power to abate the nuisance by injunction and to punish any person restrained by order of the court, if such person should thereafter disobey the court’s •order.</p> <p>6. Same.</p> <p>Because a person may be prosecuted criminally for maintaining a public nuisance, the fact cannot pre