Sullivan v. Modern Music Co.

In 1955, Sullivan, as sheriff, by the then district attor*293ney, was petitioner in the trial court in a proceeding in rem seeking a court order under ’53 C.R.S., 40-10-1, to destroy eleven devices commonly known as pinball machines. The defendants, except Struthers, were the owners of ten of the machines placed on consignment in various locations in the city of Colorado Springs and vicinity. Struthers was both owner and operator of one machine. Sullivan’s petition alleged that the machines were gambling devices and were used and kept for gambling purposes.

Following trial the court made its…