duignan
argued
february
decided
april
alfred
talley
charles
tuttle
new
york
city
appellant
attorney
general
john
davis
new
york
city
appellees
justice
stone
delivered
opinion
filed
bill
equity
district
southern
new
york
section
title
national
prohibition
act
comp
abate
liquor
nuisance
alleged
maintained
duignan
appellant
upon
premises
occupied
lease
amended
bill
appellee
pall
mall
realty
corporation
owner
leased
premises
made
party
defendant
answer
admitted
allegations
bill
set
ownership
premises
lease
duignan
maintenance
liquor
nuisance
premises
violation
section
title
national
hibition
act
comp
jj
asked
lease
forfeited
section
title
act
comp
appellant
neither
answered
directed
motion
made
application
jury
trial
denied
trial
without
jury
appellant
drew
question
constitutionality
forfeiture
leasehold
denial
due
process
law
trial
existence
nuisance
litigated
district
decreed
forfeiture
lease
affirmed
circuit
appeals
second
circuit
case
properly
appeal
jud
code
amended
comp
petition
certiorari
filed
jurisdictional
precaution
denied
outset
appellant
denies
jurisdiction
district
try
issues
raised
absence
diversity
citizenship
section
provides
violation
title
upon
leased
premises
lessee
occupant
thereof
shall
option
lessor
work
forfeiture
lease
right
thus
given
lessor
forfeit
lease
one
arising
law
district
jurisdiction
determine
suit
founded
upon
regardless
citizenship
parties
judicial
code
comp
numerous
questions
raised
appellant
brief
argument
far
substance
involved
incidental
two
principal
grounds
urged
reversal
appellant
denied
right
jury
trial
violation
seventh
amendment
constitution
forfeiture
appellant
lease
denial
due
process
law
far
appellant
motion
jury
trial
directed
issues
raised
bill
answer
properly
denied
section
national
prohibition
act
authorizes
obatement
liquor
nuisance
bill
equity
filed
cf
murphy
urged
assuming
constitutionality
section
section
gives
right
law
possessory
action
recovery
leased
premises
cognizable
equity
case
appellant
entitled
issues
raised
tried
jury
appellant
application
jury
terms
motion
order
trial
jury
issues
action
occurrences
alleged
violations
national
prohibition
act
clearly
appears
notice
motion
supporting
affidavits
motion
challenge
equity
jurisdiction
demand
jury
trial
action
law
guaranteed
constitution
rather
application
addressed
discretion
sitting
equity
frame
issues
jury
aid
stated
advising
credibility
witnesses
made
ground
usual
equity
case
ordinarily
involves
matters
law
right
jury
trial
may
waived
appearance
participation
trial
without
demanding
jury
kearney
case
wall
perego
dodge
section
revised
statutes
comp
provides
issues
fact
may
tried
without
jury
upon
written
stipulation
parties
finding
upon
facts
shall
effect
verdict
jury
section
preclude
kinds
waiver
kearney
case
supra
purpose
effect
read
together
sections
comp
define
scope
appellate
review
actions
law
without
jury
unless
written
stipulation
waiving
jury
review
rulings
questions
law
course
trial
sufficiency
special
finding
support
judgment
see
law
cf
fleischmann
appellant
failure
demand
trial
jury
amounted
think
waiver
constitutional
right
claimed
even
application
jury
trial
regarded
assertion
constitutional
right
issues
tried
jury
failed
answer
confiscation
cases
wall
hence
error
finding
facts
supporting
judgment
without
jury
whether
issues
raised
pleadings
proceedings
section
must
tried
jury
seasonably
demanded
question
arise
record
appellant
appeal
first
time
challenged
equity
jurisdiction
urging
remedy
law
adequate
cancellation
appellant
lease
relief
sought
remedy
competent
equity
give
repeated
holdings
lower
courts
suit
brought
section
one
cognizable
least
suggest
suit
plainly
law
motion
dismissed
circumstances
objection
equity
jurisdiction
seasonably
taken
waived
kilbourn
sunderland
brown
lake
superior
iron
perego
dodge
supra
especially
appellant
answer
reason
unnecessary
us
determine
whether
appellee
adopted
proper
procedure
seeking
forfeiture
lease
consider
constitutionality
forfeiture
section
enumerating
questions
raised
presented
made
mention
constitutional
question
assignment
errors
refer
specifically
required
rules
far
record
discloses
presented
see
gaffney
sits
review
exceptional
cases
coming
federal
courts
questions
pressed
passed
upon
reviewed
see
montana
ry
warren
old
jordan
mining
socie
te
anonyme
des
moines
magruder
drury
gila
valley
ry
hall
grant
ana
maria
sugar
quinones
cf
west
rutlege
timber
tennessee
coosa
decree
affirmed
footnotes
grossman
bynton
archibald
gaffney
cf
schwartz