State Ex Rel. Dussault v. Kilburn

This proceeding is in equity to enjoin the defendants from maintaining a nuisance on certain described premises in the city of Missoula more particularly designated as a gambling device known as pinball. The cause was tried to the Honorable J. E. Rockwood, Judge of the Eleventh Judicial District, sitting without a jury. Judgment went for plaintiff and defendants appealed. Defendant Kilburn was the owner of the business which operated the pinball machine, and the other defendants are those who placed the machine in the building.

The use of the pinball machine by the defendant Kilburn and its…