Oak Downs, Inc. v. Schmid

The only statute under which the appel-lee, R. A. (Smoot) Schmid, claims the right to bring this suit as a private citizen is article 4667 of our Revised Statute, which authorizes “the habitual use, actual, threatened or contemplated, of any premises, place or building or part thereof, * * * be enjoined at the suit of either the State or any citizen thereof * * * for gaming or keeping or exhibiting games prohibited by law.”

The right to enjoin by a private citizen is limited to the prohibited games mentioned in article 4667 (act passed in 1905, c. 153). The right to enjoin by the Attorney…