Goose v. Commonwealth ex rel. Dummit, Attorney General

305 Ky. 644, 205 S.W.2d 326 (1947)

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Goose v. Commonwealth ex rel. Dummit, Attorney General

Kentucky Court of Appeals
305 Ky. 644, 205 S.W.2d 326 (1947)

  • Written by Tammy Boggs, JD

Facts

Roscoe, J.W., and Luther Goose (defendants) were brothers and proprietors of Sycamore Cafe on a specified property in Louisville. Sycamore Cafe masqueraded as a restaurant and saloon and was in fact an illicit gambling establishment. Over numerous years, there were police raids of Sycamore Cafe, arrests, and convictions for felony and misdemeanor crimes, including gambling, assault, and disorderly conduct. The Goose brothers admitted their criminal course of conduct. Others who frequented the establishment were also criminally prosecuted. Nevertheless, the Goose brothers were somehow able to continue operating Sycamore Cafe as a common gambling house. The commonwealth (plaintiff) sought and received an equitable injunction against the Gooses to abate their use of the property for unlawful purposes. The Gooses appealed, arguing that the commonwealth was not entitled to injunctive relief from a court of equity because the enjoined activities were already crimes.

Rule of Law

Issue

Holding and Reasoning (Stanley, J.)

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