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:
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