Wagner v. Upshur

This is the second appeal in this case. The first will be found reported in the case of Police Commissioners v. Wagner, 93 Md. 190. In the case just cited it is said, Page, J., delivering the opinion : “This is an action of replevin to recover a musical slot machine. The third plea is that the article is a gambling device or instrument intended and designed to be used by the plaintiff and others in violation of the gambling laws of the State which can be put to no legitimate use, and was detained by the defendants, in the discharge of their official duty to prevent such violation, and to be…