Legal Opinion · Concurrence

Albright v. Karston

Supreme Court of Arkansas

Decided November 15, 1943No. 4-7254Published

1ConcurrenceMcFaddin, J.

I concur in the result reached in this case; that is, that the cause should be reversed and the complaint dismissed; but my reasons for concurrence are solely because of the absence of any equity in the plaintiff’s complaint.

The plaintiff, Karston, was operating a gambling house under the decision of this Court in Fox v. Harrison, 178 Ark. 1189, 13 S. W. 2d 808. The State Police raided his place of business on four occasions, destroying property. If Karston conceived that the officers acted wrongfully in destroying any of his property, then his remedy was not a suit in equity for injunction,…

2Cases cited6 opinions

  1. Delaney v. . FloodNew York Court of Appeals · 1906
  2. Pon v. WittmanCalifornia Supreme Court · 1905
  3. Weiss v. HerlihyAppellate Division of the Supreme Court of the State of New York · 1897
  4. Garland Novelty Co. v. StateSupreme Court of Arkansas · 1902
  5. Andrieux v. City of ButteMontana Supreme Court · 1912

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