State v. Two IGT Video Poker Games

This is an appeal from a judgment forfeiting the defendant-appellee IGT Video Poker Game, Model FA180, machines owned by defendant-appellant, Schmit Industries, Inc., to plaintiff-appellee, State of Nebraska.

We begin by noting that actions for forfeiture are generally considered to sound in equity. See, e.g., In re Forfeiture of $30,632.41,184 Mich. App. 677, 459 N.W.2d 99 (1990); Sturm v. Crowley, 131 W. Va. 505, 48 S.E.2d 350 (1948); Robinson Cadillac Motor Car Co. v. Ratekin, 104 Neb. 369, 177 N.W. 337 (1920). This therefore being an equitable action in rem to transfer the title of the…