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Commonwealth v. McGovern

Kentucky Court of Appeals

25 Ky. L. Rptr. 411 (1903)

Facts

Terry McGovern and Young Corbett (defendants) were fighters and were booked to have a prize-fight in Kentucky. The attorney general of Kentucky (plaintiff) filed a lawsuit against McGovern, Corbett, their managers, and the owner of the auditorium where the fight was scheduled to take place. The attorney general alleged that the fight would create a public nuisance by bringing to the city disorderly persons, criminals, and lawless crowds. The attorney general sought an injunction to prevent the fight from happening. The trial court initially granted a temporary restraining order, prohibiting the fight from taking place. The order was appealed, and the court of appeals reached an evenly split decision. The trial court then held a trial and ultimately denied the request for an injunction. The attorney general appealed.

Rule of Law

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Issue

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Holding and Reasoning (Settle, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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