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McNEICE v. CITY OF MINNEAPOLIS

No. 37,026.

250 Minn. 142 (1957)

84 N.W. (2d) 232

JOHN R. McNEICE v. CITY OF MINNEAPOLIS AND ANOTHER.

Supreme Court of Minnesota.

June 28, 1957.

Attorney(s) appearing for the Case

Miles Lord, Attorney General, Robert W. Garrity, Deputy Attorney General, John R. Murphy, Assistant Attorney General, Charles A. Sawyer, City Attorney, and Raymond H. Hegna, Assistant City Attorney, for appellants.

Maslon, Kaplan, Edelman, Joseph & Borman, for respondent.

MURPHY, JUSTICE.

This is an appeal from a judgment declaring that the type of pinball machine which the plaintiff had been maintaining on his premises did not constitute a gambling device or a lottery within the meaning of M.S.A. 614.01, 614.06, and 614.07. The judgment of the trial court also enjoined the city of Minneapolis and all of its officers and agents from enforcing the order of the city's superintendent of police to confiscate all pinball machines which...

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