Littleton v. Burgess
Wyoming Supreme Court
Error to the District Court, Sheridan County, Hon. Richard H. Scott, Judge of the First Judicial District, presiding. This was a suit instituted by 'Fred Littleton to enjoin James IT Burgess, County and Prosecuting Attorney of Sheridan County, from prosecuting a criminal proceeding in the District Court of that county charging the plaintiff with a violation of the statute of the state prohibiting gambling.
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Error to the District Court, Sheridan County, Hon. Richard H. Scott, Judge of the First Judicial District, presiding. This was a suit instituted by 'Fred Littleton to enjoin James IT Burgess, County and Prosecuting Attorney of Sheridan County, from prosecuting a criminal proceeding in the District Court of that county charging the plaintiff with a violation of the statute of the state prohibiting gambling. From a judgment dismissing the suit, after a demurrer to the petition had been sustained, the plaintiff prosecuted a proceeding in error. The test of equity is the absence of an adequate…
1Opinion of the Court
Van Orsdel, Justice.
This is an injunction proceeding brought in the District Court of Sheridan County by the plaintiff in error against the defendant in error for the purpose of restraining the latter, as Prosecuting Attorney of Sheridan County, from prosecuting the former for violations of the provisions of Chapter 65, Session Laws of 1901, being an act prohibiting gambling within the State of Wyoming. Plaintiff in his amended petition alleges, among other things, that on the 28th day of July, 1904, he was granted licenses by the town of Sheridan, permitting him to conduct and carry on games…
2Cases cited5 opinions
- In Re SawyerSupreme Court of the United States · 1888
- Poyer v. Village of Des PlainesIllinois Supreme Court · 1887
- West v. Mayor of New-YorkNew York Court of Chancery · 1844
- Phillips v. Mayor of Stone MountainSupreme Court of Georgia · 1878
- Suess v. NobleU.S. Circuit Court for the Southern District of Iowa · 1887
3Cited by13 opinions
- Littleton v. BurgessWyoming Supreme Court · 1907
- Rehmann v. City of Des MoinesSupreme Court of Iowa · 1925
- Paladini v. Superior Court of San FranciscoCalifornia Supreme Court · 1918
- State Ex Rel. Shafer v. LoweNorth Dakota Supreme Court · 1926
- Norcisa v. Board of Selectmen of ProvincetownMassachusetts Supreme Judicial Court · 1975
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