LEE ON v. LONG

Docket No. S.F. 18026.

37 Cal.2d 499 (1951)

234 P.2d 9

LEE ON et al., Appellants, v. JAMES LONG, Individually and as Sheriff, etc., et al., Respondents.

Supreme Court of California. In Bank.

June 29, 1951.


Attorney(s) appearing for the Case

Deasy & Dodge and Philip L. Evans for Appellants.

Fred N. Howser and Edmund G. Brown, Attorneys General, Clarence A. Linn, Deputy Attorney General, Francis W. Collins, District Attorney (Contra Costa), and Thomas F. McBride, Deputy District Attorney, for Respondents.

J.F. Coakley, District Attorney (Alameda), R. Robert Hunter, Assistant District Attorney, Richard H. Klippert, Deputy District Attorney, William E. Simpson, District Attorney (Los Angeles), J. Francis O'Shea, District Attorney (Sacramento), J.D. Keller, District Attorney (San Diego), Thomas C. Lynch, District Attorney (San Francisco), Chester Watson, District Attorney (San Joaquin), Louis De Matteis, District Attorney (San Mateo), and N.J. Menard, District Attorney (Santa Clara), as Amici Curiae on behalf of Respondents.


SPENCE, J.

The question to be determined is whether the trial court erred in its judgment denying plaintiffs the right to recover money seized while in use in gambling games, which games were being conducted in violation of law. Consistent with the settled principle that the courts will not lend assistance to persons whose claim for relief rests on an illegal transaction, it is our conclusion that plaintiffs cannot prevail.

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