Willis v. Warren
New York Court of Common Pleas
At Special Term, February 8tk, 1859. . MOTION to dismiss complaint. This was an action of claim and delivery, brought to recover the possession of certain gambling apparatus and obscene pictures.taken from tbe plaintiff’s premises by Police Justice Connolly, and delivered by bim to tbe custody of tbe defendant, as property clerk of tbe Board of Police Commissioners.
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At Special Term, February 8tk, 1859. . MOTION to dismiss complaint. This was an action of claim and delivery, brought to recover the possession of certain gambling apparatus and obscene pictures.taken from tbe plaintiff’s premises by Police Justice Connolly, and delivered by bim to tbe custody of tbe defendant, as property clerk of tbe Board of Police Commissioners. It appeared that the justice, without any charge made or warrant issued, entered the plaintiff’s house during his absence, found several persons engaged in playing cards, arrested them for gambling, and at tbe same time seized tbe…
1Opinion of the CourtBrady, J.
— Justice Connolly, attended by others, entered thé premises 581 Broadway, and there finding several persons engaged in playing cards, arrested them on a charge of gambling, as appears by the affidavit of McClelland read in opposition to this motion. It seems that in the apartment in which such persons were found at play, or on the premises, there were obtain devices, or apparatus for gambling, which were seized and placed in the custody of the defendant, who is the property clerk of the board of police, created by the act passed April 15,1857. Laws '1857, chap. 569. The plaintiff claims the…
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