Thamart v. Moline

This is an action for injunction against defendants (respondents herein), to enjoin and restrain them from seizing or taking possession of certain alleged “amusement machines” owned by plaintiff (appellant). Since December 20, 1941, the machines have been located in several drive-inns and confectionery stores in Nampa, “to be operated for the enjoyment and use of the public”, being “designed for use in playing- a game known as ‘Marbles’”. Plaintiff alleges: ■

“The game is played by placing a nickel in a money slot which releases five metal marbles which can be shot onto the top of the playing…