Commonwealth ex rel. Funk v. Miehl

DUNCAN, Justice.

This appeal is from a judgment denying a permanent injunction sought by appellants to abate an alleged gambling nuisance on premises owned by appellee, Max Miehl, at 518 South Fifth Street, Louisville, Kentucky.

There is very little dispute as to the facts. On October 4, 1949, appellee leased a storeroom at the address in question to Mrs. Lillian Winguay for'a term commencing on November 1, 1949, and ending October 31, 1951. Although the lessee was never arrested or convicted, the record leaves no doubt that the leased property was used for the operation of a handbook and pos*494sib…