Legal Opinion
Tanner v. Sherman
California Court of Appeal
Decided January 18, 1945No. Civ. 3149PublishedCited by 4 opinions
1Opinion of the CourtGriffin, J.
This is an action in claim and delivery for the recovery of a “Jennings Silver Moon Console” slot machine from defendant, and for damages in the sum of $5.00 per day for the period of withholding.
The defendant admitted the seizure thereof in his official capacity as sheriff and contended that such seizure was lawful because the machine was a gambling device.
The evidence shows that the machine paid off in “free games.” The trial court ruled that it was not a gambling device under Penal Code, section 330a, and under the authority of Gayer v. Whelan, 59 Cal.App.2d 255 [138 P.2d 763] (decided…
2Cases cited3 opinions
- Gayer v. WhelanCalifornia Court of Appeal · 1943
- Bandle v. Commercial Bank of Los AngelesCalifornia Supreme Court · 1918
- Atlas Development Co. v. National Surety Co.California Supreme Court · 1923
3Cited by4 opinions
- State v. One Hundred & Fifty-Eight Gaming DevicesCourt of Appeals of Maryland · 1985
- Merandette v. City and County of San FranciscoCalifornia Court of Appeal · 1979
- Gray v. HartmanCalifornia Court of Appeal · 1946
- H. Y. Minami & Sons v. State Board of EqualizationCalifornia Court of Appeal · 1950