Legal Opinion

Respass v. Comth. ex rel. Atty. Gen'l

Court of Appeals of Kentucky

Decided February 5, 1909PublishedCited by 31 opinions

CASE 84 — PROCEEDINGS BY THE COMMONWEALTH ON RELATION OP THE ATTORNEY GENERAL, AGAINST J. B. RESPASS AND OTHERS TO RESTRAIN THEM PROM COMMITTING A PUBLIC NUISANCE BY OPERATING A POOL ROOM.— Appeal from Kenton Circuit Court. W. McD. Shaw, Circuit Juoge.

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CASE 84 — PROCEEDINGS BY THE COMMONWEALTH ON RELATION OP THE ATTORNEY GENERAL, AGAINST J. B. RESPASS AND OTHERS TO RESTRAIN THEM PROM COMMITTING A PUBLIC NUISANCE BY OPERATING A POOL ROOM.— Appeal from Kenton Circuit Court. W. McD. Shaw, Circuit Juoge. Judgment for plaintiff, defendants appeal The points discus-sed and the authorities cited are as follows-: 1. The authority of the Attorney General to institute this action is not statutory, but is derived from the. common-law, and is universally recognized. (Attorney General v. Shre-wsberry Bridge Co., L. A. 21, Ch. Div. 752; Attorney General…

1Opinion of the Court

Opinion of the Court by

Judge Hobson

Affirming.

These three oases present identically the same questions and will he determined together. They are each a proceeding instituted by the Attorney General by a petition in equity in the Kenton circuit court. In one of the cases these facts are set out; The defendants own and are in possession of a certain house and lot in Covington, Ky., in which they operate and conduct a gambling house or poolroom-, where money or other things of value are bet and won or lost on horse races, and where tickets, pools, o-r chances on horse races run or to be run at…

2Cases cited20 opinions

  1. In Re DebsSupreme Court of the United States · 1895
  2. City of Georgetown v. THE ALEXANDRIA CANAL COMPANY, &C.Supreme Court of the United States · 1838
  3. People v. Truckee Lumber Co.California Supreme Court · 1897
  4. Attorney General v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1882
  5. State ex rel. Crow v. CantySupreme Court of Missouri · 1907

15 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. W.D. Yett, Mayor v. CookTexas Supreme Court · 1926
  2. Pompano Horse Club, Inc. v. State Ex Rel. BryanSupreme Court of Florida · 1927
  3. Commonwealth Ex Rel. Minerd v. MargiottiSupreme Court of Pennsylvania · 1936
  4. Commonwealth v. Kentucky Jockey ClubCourt of Appeals of Kentucky (pre-1976) · 1931
  5. Johnson v. Commonwealth Ex Rel. MeredithCourt of Appeals of Kentucky (pre-1976) · 1942

26 more not listed; retrieve them via the Exa API.

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