State Ex Rel. Lyon v. Brady

Supreme Court of South Carolina
State Ex Rel. Lyon v. Brady, 73 S.E. 184 (S.C. 1912)
90 S.C. 330; 1912 S.C. LEXIS 60
PER CURIAM.

State Ex Rel. Lyon v. Brady

Opinion of the Court

The following order was filed):

Per Curiam.

Returns to the rule to 'show cause 'herein issued having 'been made by the respondieotsi, Charles J. Lynch, J. W. Rice, A. N. Elirodl, F. W. Airmbrusber and T. A. Heise, and said return being sufficient in that they show a complete abatement and' discontinuance in good1 faith of the alleged nuisance within the jurisdiction of this Court, and the declaration that the respondents do not contemplate doing any of the -acts alleged in the petition herein a© a nuisance, within the jurisdiction of this Court,

It is ordered, that the petition and rule to show cause herein be dismissed.

That the respondents herein do pay the costs- of this pro ceeding, and' that the same be taxed and adjusted by the clerk and submitted to -the Court for approval.

Reference

Full Case Name
State Ex Rel. Lyon, Attorney General v. Brady.
Status
Published
Syllabus
Nuisance. — When a respondent in an action to enjoin a nuisance files a return showing a complete abandonment in good faith of the nuisance and a discontinuance of the same within the jurisdiction of the Court, and that he does not contemplate doing any of the acts alleged in the petition as a nuisance within the jurisdiction of the Court, the petition will he dismissed with costs to the petitioner.