State Ex Rel. Turner v. Drake

LeGRAND, Justice.

This is an action brought upon the relation of Richard C. Turner to enjoin the maintenance of a gambling nuisance. The action is based upon a violation of § 726.6, The Code, 1973, which the petition alleges is a nuisance as defined in § 657.2(6), The Code, 1973. Plaintiff asserts defendants should be enjoined under § 99.1, The Code, 1973.

The trial court dismissed the action. We affirm, although we do so on other grounds.

The applicable statutory provisions are. here set out in pertinent part:

§ 726.6 provides:

“Any person who records or registers bets or wagers or sells pools…