Schultz
Schultz v. Stanford
Opinion
lead Opinion
In The Superior Court of the County of Solano, State of California.
G. F. W. Schultze, Plaintiff, -vs-W. T. Stanford, as Chief of Police of the City of Vallejo, County of Solano, State of California, et al. Defendants.
In this action Plaintiff seeks an order restraining and enjoining the Defendants from interfering with *121 or infringing upon the Plaintiff and his agents, etc., in the quiet and peaceable possession, maintenance and operation of certain machines, designated in the pleadings herein as “Gum Vending Machines”.
The matter is before the Court on an application, under an order to show cause, for a temporary restraining order.
The Defendant Chief of Police files his affidavit traversing the equities of the complaint, and stating that the machines are operated “Contrary to the letter and spirit of the laws of the State of California, and the ordinances of the City of Vallejo”. The argument was devoted to the contention of Defendant that the operation of such machines is contrary to the provisions of Sec. 330a of the Penal Code of California, the attention of the Court not being directed to any ordinance of the City of Vallejo applicable to' the case.