State ex rel. Regez v. Blumer
| Decision Date | 08 November 1940 |
| Citation | 236 Wis. 129,294 N.W. 491 |
| Parties | STATE ex rel. REGEZ v. BLUMER. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from an order of the Circuit Court for Green County; Henry Lockney, Circuit Judge.
Affirmed.
Action by the State on relation of Rudolph P. Regez against H. A. Blumer, to enjoin the continuation of a lottery as a public nuisance, commenced February 24, 1940. From an order overruling a demurrer to the complaint for insufficiency of facts entered May 3, 1940, the defendant appeals. The facts are stated in the opinion.
Blum & Blum, of Monroe, for appellant.
Rudolph P. Regez, of Monroe, for respondent.
The District Attorney of Green county, on leave of the court first granted, brings this action to abate as a public nuisance, on the ground that it constitutes a lottery, a practice of the defendant described in the complaint substantially as follows. The defendant operates a drug store in the city of Monroe. He canvassed the city and procured the names of several thousand citizens who by their consent became registrants for participation in a scheme designated by defendant as the “Multiple Dividend Plan.” Each registrant wrote his name on an individual card containing his address which was placed in a receptacle in the drug store. No fee was charged and no purchase at the store was required for registration. Persons not secured by the canvassers could become registrants by going to the store and signing a like card, or anyone could get a like card signed by another person and leave it at the store and such other person became a registrant. Each day except Sundays and holidays the defendant puts up $2 to be given away to the registrants pursuant to a drawing. Each day at 9 A. M. $1 is put in each of two pools, two cards are drawn from the receptacle, and before noon of the day the place of the registrant's address is visited. If the registrant whose name is drawn did not procure a daily coupon the day previous the $1 is put back in the pool. The process is continued daily until the registrant whose name is on the card drawn is found at his address or can be located and has at his address or on his person a daily coupon procured the previous day or has signed such coupon and left it at the drug store. If the registrant whose name is drawn procured a daily coupon the previous day but he has not been found or located or has not left such coupon at the store, the name is posted and the dollar is added to the sum in the pool. The process is continued daily until a registrant's card is drawn who is...
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...10 S.W.2d 124 (Tex.Civ.App.). State ex rel. Schillberg v. Safeway Stores, Inc., 75 Wash.2d 339, 450 P.2d 949. State ex rel. Regez v. Blumer, 236 Wis. 129, 294 N.W. 491. Moreover, at the time that the rule took effect, statutes specifically prohibiting such games and contests were in effect ......
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...at 55 (citing Kayden Indus., 34 Wis.2d 718, 150 N.W.2d 447; State v. Laven, 270 Wis. 524, 71 N.W.2d 287 (1955); State ex rel. Regez v. Blumer, 236 Wis. 129, 294 N.W. 491 (1940); and La Crosse Theaters, 232 Wis. 153, 286 N.W. 707). Curiously, the opinion omitted State ex rel. Trampe v. Multe......
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...Murphy, 34 Wis. 2d 718, 724, 150 N.W.2d 447 (1967); State v. Laven, 270 Wis. 524, 528, 71 N.W.2d 287 (1955); State ex rel. Regez v. Blumer, 236 Wis. 129, 130, 294 N.W. 491 (1940); State ex rel. Trampe v. Multerer, 234 Wis. 50, 56, 289 N.W. 600 (1940); State ex rel. Cowie v. La Crosse Theate......
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...Op. Att'y Gen. at 55 (citing Kayden Indus., 34 Wis. 2d 718; State v. Laven, 270 Wis. 524, 71 N.W.2d 287 (1955); State ex rel. Regez v. Blumer, 236 Wis. 129, 294 N.W. 491 (1940); and La Crosse Theaters, 232 Wis. 153). Curiously, the opinion omitted State ex rel. Trampe v. Multerer, 234 Wis. ......