Hutchison v. Commonwealth Ex Rel. Dummit

Court of Appeals of Kentucky (pre-1976)

Hutchison v. Commonwealth Ex Rel. Dummit

207 S.W.2d 327, 306 Ky. 310, 1947 Ky. LEXIS 1015

CourtCourt of Appeals of Kentucky (pre-1976)

DecidedOctober 24, 1947

StatusPublished

This text of 207 S.W.2d 327 (Hutchison v. Commonwealth Ex Rel. Dummit) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky (pre-1976) primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hutchison v. Commonwealth Ex Rel. Dummit, 207 S.W.2d 327, 306 Ky. 310, 1947 Ky. LEXIS 1015 (Ky. 1947).

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Opinion

Opinion 'op the Court by

Stanley, Commissioner

Affirming.

This is another in a series of appeals from judgments enjoining the operation of gambling establishments as public nuisances.

The parties are Lena Hutchison, Ethel May Sonne Rex, Conley Brian, John Yan Langley and William A. Smith. The property is situated at 311-315 Central Avenue, Louisville. It is known as “The Dog House.” The real estate is owned by Mrs. Rex and leased to Lena Hutchison. Mrs. Rex testified that she had rented the rear - part of the lot to Clifton Underwood in May, 1946, and that he had erected a concrete building there, but she had no knowledge of what use was being made of' it. The police gave a list of raids and arrests at this place over a period of four years in the. main building and. also, as we understand it, in the •concrete building on the rear of the lot. Both houses *311 have the reputation of being common gambling places, particularly for the operation of handbooks. The court found that Mrs. Rex knew or by the exercise of ordinary diligence should have known about the use of her property for these unlawful enterprises. The evidence fully sustains the chancellor.

All questions have been determined in the other opinions. The judgment is affirmed.

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Opinion 'op the Court by

Stanley, Commissioner

Affirming.

This is another in a series of appeals from judgments enjoining the operation of gambling establishments as public nuisances.

The parties are Lena Hutchison, Ethel May Sonne Rex, Conley Brian, John Yan Langley and William A. Smith. The property is situated at 311-315 Central Avenue, Louisville. It is known as “The Dog House.” The real estate is owned by Mrs. Rex and leased to Lena Hutchison. Mrs. Rex testified that she had rented the rear - part of the lot to Clifton Underwood in May, 1946, and that he had erected a concrete building there, but she had no knowledge of what use was being made of' it. The police gave a list of raids and arrests at this place over a period of four years in the. main building and. also, as we understand it, in the •concrete building on the rear of the lot. Both houses *311 have the reputation of being common gambling places, particularly for the operation of handbooks. The court found that Mrs. Rex knew or by the exercise of ordinary diligence should have known about the use of her property for these unlawful enterprises. The evidence fully sustains the chancellor.

All questions have been determined in the other opinions. The judgment is affirmed.

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Bluebook (online)

207 S.W.2d 327, 306 Ky. 310, 1947 Ky. LEXIS 1015, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hutchison-v-commonwealth-ex-rel-dummit-kyctapphigh-1947.