Troy Amusement Co. v. Attenweiler

The demurrer raises the question of the right of plaintiff to an injunction to restrain criminal prosecutions for conducting “hank night” in its theater. The plaintiff maintains it is entitled to injunctive relief on the facts alleged in the petition for two reasons: (1) “Bank night” as carried on prior to the commencement of its injunction suit is lawful and not a lottery or scheme of chance within the meaning of Sections 13063 and 13064, General Code, which make the selling of tickets in, and the promoting of, schemes of chance punishable by fine or imprisonment, or both; and (2) the acts…