Middlemas v. Strutz

Plaintiff brought this action in the district court of Burleigh county to recover possession of a device commonly referred to as a pin ball machine which had been seized by the defendant attorney general as a gambling apparatus. The judgment of the district court was in favor of the defendant and plaintiff has appealed from the judgment. All of the facts were stipulated at the trial of the case and the sole issue upon this appeal is whether operation or possession of the machine in suit is violative of North Dakota statutes prohibiting lotteries, gambling and the possession of gámbling…