McFadden v. Bain

Plaintiff operates a moving picture theater in Portland. He brought this action, setting up in his complaint one method which he follows to increase the number of his patrons, and praying that a declaratory judgment be entered holding that he is •not thereby maintaining a lottery.

Based wholly upon these allegations, no answer having been filed, the trial court held that the method followed by the plaintiff constituted a lottery and, on defendants’ motion, granted judgment on the pleadings. From this judgment, the plaintiff has appealed.

The particular allegations of the complaint on which the…