Caille Co. v. Haager
| Decision Date | 24 March 1899 |
| Citation | 50 S.W. 244 |
| Parties | CAILLE CO. v. HAAGER, Chief of Police, et al. [1] |
| Court | Kentucky Court of Appeals |
Appeal from circuit court, Jefferson county, chancery division.
"Not to be officially reported."
Action by the Caille Company against Jacob H. Haager, chief of police, and others, to enjoin defendants from seizing certain property. Judgment for defendants, and plaintiff appeals. Affirmed.
A. J. Speckert, for appellant.
Chas. G. Richie, W. S. Taylor, and J. H. Huffaker, for appellees.
An application for an injunction, after notice, was refused by the chancellor, and there is therefore no injunction which we can reinstate on this motion for that purpose. Further, it is our opinion that this case does not present a state of facts which would authorize the chancellor to interfere with the execution of the criminal laws of the state by the appellees, who are its officers. The proper construction of the statutes under which it is claimed by the officers that the machines were in fact gambling contrivances must, in the nature of things, belong to the criminal courts. The questions presented are important, and doubtless there are, as counsel suggests, strong reasons why a prompt settlement of them should be had; but this settlement should be made in the proper tribunals. We are, of course, not to be understood as intimating that the machines mentioned in the record are such as are or are not denounced in the criminal statutes. We must therefore overrule the motions of the appellant, and affirm the judgment of the chancellor refusing the relief prayed for in the petition.
---------
Notes:
[1] Reported by Edward W. Hines, Esq., of the Frankfort bar, and formerly state reporter.
---------
To continue reading
Request your trial
-
Wellston Kennel Club v. Castlen
...v. Speer, 29 Colo. 158; Adams v. Oyster & Fish Co., 34 Colo. 219; Chicago v. Wright, 69 Ill. 318; Moses v. Mayor, 52 Ala. 208; Caille Co. v. Haager, 50 S.W. 244; State ex rel. v. Wood, 155 Mo. 449; Ex parte Sawyer, 124 U.S. 200, 31 L. Ed. 402; Fitts v. McGhee, 172 U.S. 531, 43 L. Ed. 542. (......
-
Wellston Kennel Club v. Castlen
... ... 158; ... Adams v. Oyster & Fish Co., 34 Colo. 219; ... Chicago v. Wright, 69 Ill. 318; Moses v ... Mayor, 52 Ala. 208; Caille Co. v. Haager, 50 ... S.W. 244; State ex rel. v. Wood, 155 Mo. 449; Ex ... parte Sawyer, 124 U.S. 200, 31 L.Ed. 402; Fitts v ... McGhee, 172 ... ...
-
State ex rel. Igoe v. Joynt
... ... [Durant v ... Bennett, supra, 54 F.2d 634; Pure Mint Co. v ... LaBarre, 96 N.J.Eq. 186, 125 A. 105; Caille Co. v ... Haager, 20 Ky. Law Rep. 1899, 50 S.W. 244; State v ... Gambling Equipment (Ariz.), 40 P.2d 746; Tonahill v ... ...
-
State ex rel. Castlen v. Mulloy
...v. Speer, 29 Colo. 158; Adams v. Oyster & Fish Co., 34 Colo. 219; Chicago v. Wright, 69 Ill. 318; Moses v. Mayor, 52 Ala. 208; Caille Co. v. Haager, 50 S.W. 244; Ex Sawyer, 124 U.S. 200, 31 L.Ed. 402. The exceptional cases in which courts of equity have jurisdiction to enjoin arrests or cri......