Ex Parte Morten

Mr. Judge GERMAN

delivered the opinion for the court.

On September 4, 1936, Robert L. Hurt, Criminal District Attorney of Dallas County, Texas, filed petition for injunction in the 95th Judicial District Court of Dallas-County against Winfield Morten and others. The suit was brought under and by virtue of Articles 4664 to 4667, inclusive, of the Revised Statutes of 1925. The purpose of the injunction was to enjoin and abate as a nuisance the premises and business operated by the defendants, being a dog racing course and business where betting on dog races under the pari mutuel system of betting…