Legal Opinion

Wigton's Return

Superior Court of Pennsylvania

Decided October 29, 1942No. Appeal, 126PublishedCited by 35 opinions

1Opinion of the Court

Opinion by

Kenworthey, J.,

The Commonwealth sought to destroy seven pin-ball machines on the ground they were devices used for the purpose of unlawful gaming. The proceeding was under the Act of March 31, 1860, P. L. 382, §60, 18 PS §1445. The court below was not “satisfied that such device [s] or machine[s] [were] employed and used for the purpose of unlawful gaming” and made an order denying the prayer in the petition for leave to destroy them. The Commonwealth appeals.

Section 60 of the Code of 1860 provides: “It shall and may be lawful for any sheriff......with or without warrant, to seize…

2Cases cited11 opinions

  1. State Ex Rel. Dussault v. KilburnMontana Supreme Court · 1941
  2. Urban's AppealSuperior Court of Pennsylvania · 1941
  3. American Telephone & Telegraph Company's AppealSuperior Court of Pennsylvania · 1937
  4. Commonwealth v. KaiserSuperior Court of Pennsylvania · 1922
  5. Mills Novelty Company's AppealSupreme Court of Pennsylvania · 1934

6 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Commonwealth v. Two Electronic Poker Game MacHinesSupreme Court of Pennsylvania · 1983
  2. State v. One Bally Coney Island No. 21011 Gaming TableSupreme Court of Kansas · 1953
  3. Gayer v. WhelanCalifornia Court of Appeal · 1943
  4. State v. WassickWest Virginia Supreme Court · 1972
  5. Washington Coin MacH. Ass'n v. CallahanCourt of Appeals for the D.C. Circuit · 1944

30 more not listed; retrieve them via the Exa API.

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