Witschner v. City of Atchison

*213The opinion of the court was delivered by

Wedell, J.:

This action purports to have been commenced pursuant to our declaratory judgment law (Laws 1921, ch. 168) to obtain an adjudication of the question whether a certain automatically operated pin ball marble amusement table constituted a gambling device under the laws of this state and the ordinances of the city of Atchison.

The action was instituted by the owner of the machine. Defendants are the city of Atchison and its chief of police. It was the judgment of the trial court the machine did not constitute a gambling device by reason of the…