(DOWNLOAD) "Hynes v. Silver Prince Mining Co." by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Hynes v. Silver Prince Mining Co.
- Author : Supreme Court of Montana
- Release Date : January 26, 1929
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Injunction — Gambling Nuisance in Club Rooms of Fraternal Organization — Evidence — Sufficiency — Findings — Presumption — Judgment — Failure to Describe Gambling Equipment to be Confiscated — Amendment Held Proper. Injunction — Abatement — Gambling in Club Rooms of Fraternal Organization — Sufficiency of Evidence. 1. Where the main question on appeal from an order of the district court abating a gambling nuisance conducted in the club rooms of a fraternal organization which claimed exemption from the operation of the gambling laws, under Chapter 153, sec. 3, Laws of 1937, was the sufficiency of the evidence to support the order, held that it was sufficient, it showing, inter alia, that others than members were admitted and permitted to play upon payment of 25 cents, they becoming members upon payment of the admission fee, membership cards being issued to them which had theretofore been signed by the president of the organization and which entitled them to all the privileges of the club; that commissionaires of certain games divided the proceeds one-half to them and one-half to the organization to assist in paying the secretarys salary and to apply on a loan to it; that proceeds of slot machines owned by members were divided between the corporation and the owners, etc. justifying a finding by the court that the entire scheme of operations was a mere subterfuge, and that the gambling was not limited to nor for the amusement of bona fide members, but was operated as a business. Same — Findings — Presumption. 2. While a finding of the trial court that all the material allegations of the complaint are true would be insufficient in a pleading, it is permissible in such a proceeding as the above, under the rule that any findings not inconsistent with express findings made and necessary to sustain the judgment must be presumed. Page 484 Same — Judgment — Defect as to Description of Gambling Equipment — Amendment Directed. 3. Where the complaint in an abatement proceeding relative to a gambling nuisance failed to specify particularly the articles constituting the equipment of the place sought to be confiscated and sold by the sheriff as provided in section 11129, Revised Codes, and the judgment was defective in that respect but the evidence admitted at the trial without objection sufficiently described the various articles used, it corrected the omission from the complaint sufficiently to enable the court to amend the judgment in that behalf.