GOOSE V. COMMONWEALTH EX REL. DUMMIT, ATTORNEY GENERAL 205 S.W. 2d 326 (1947) CASE BRIEF

GOOSE V. COMMONWEALTH EX REL. DUMMIT, ATTORNEY GENERAL
205 S.W. 2d 326 (1947)
NATURE OF THE CASE: Goose (D), gambling house owners and operators, sought review of a judgment that granted Kentucky's (P) request for an injunction that required Ds to abate their use of the property for gambling purposes.
FACTS: The Goose brothers (D) ran an illegal gambling establishment and saloon, called the 'Sycamore Cafe.' Numerous raids by police officers revealed extensive taking of bets on horse races and other forms of gambling with cards, dice and other devices. Ds were arrested a number of times on charges. The records show that all of these charges were 'filed away' in court, although on a few occasions Ds paid petty fines for disorderly conduct. Numerous others were arrested at the same place for the same offenses. Most of them were employees conducting the operations, or stooges to 'take the rap.' The processes of the criminal courts seem to have broken down in dealing with this place and these men. As a consequence, the Commonwealth (P) has invoked the processes of the court of equity and obtained an injunction against the named persons to abate their use of the property for the unlawful purposes. Ds seek to escape the restraint, obtain their release from the injunction and stay the hand of the law by appealing to this court.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com




© 2007-2016 Abn Study Partner

No comments:

Post a Comment