Legal Opinion

Marvin v. Trout

Supreme Court of the United States

Decided November 13, 1905No. 19, 20PublishedCited by 108 opinions

ERROR TO THE SUPREME COURT OP THE STATE OP OHIO. The plaintiff in error in these cases seeks to review the judgments of the Supreme Court of Ohio, affirming judgments Recovered against him by the defendant in error in one of the Circuit Courts of Ohio. The two eases involve the same question, which relates to the validity of the sections of the statute of the State of Ohio in regard to gambling, known as sections 4270, 4273 and 4275 of the Revised Statutes of that State.

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ERROR TO THE SUPREME COURT OP THE STATE OP OHIO. The plaintiff in error in these cases seeks to review the judgments of the Supreme Court of Ohio, affirming judgments Recovered against him by the defendant in error in one of the Circuit Courts of Ohio. The two eases involve the same question, which relates to the validity of the sections of the statute of the State of Ohio in regard to gambling, known as sections 4270, 4273 and 4275 of the Revised Statutes of that State. The sections are set forth in the margin.1 The defendant in error commenced these actions in the Court of Common Pleas of…

1Opinion of the CourtJustice Peckham

The plaintiff in error seeks to reverse the judgments herein, based on the gamings statute of Ohio, because, as he insists, that statute is unconstitutional on several different grounds: First, , because it is (as he avers) an unconstitutional extension of the police power of the State, resulting in the taking of the property of the plaintiff in error for the benefit of the defendant in error, or, in other words, it results in the taking of the property of the plaintiff in error without his consent for a private purpose, and that it is an invasion of his private right of property, in…

2Cases cited13 opinions

  1. Maxwell v. DowSupreme Court of the United States · 1900
  2. Supervisors v. StanleySupreme Court of the United States · 1882
  3. Dewey v. Des MoinesSupreme Court of the United States · 1899
  4. Clark v. Kansas CitySupreme Court of the United States · 1900
  5. United States v. MorrisSupreme Court of the United States · 1825

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3Cited by108 opinions

  1. Whitney v. CaliforniaSupreme Court of the United States · 1927
  2. United States Ex Rel. Marcus v. HessSupreme Court of the United States · 1943
  3. Twining v. New JerseySupreme Court of the United States · 1908
  4. Connecticut Action Now, Inc. v. Roberts Plating Company, Inc.Court of Appeals for the Second Circuit · 1972
  5. Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911

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