CODY, Justice.
This suit was brought by appellee against the Chief of Police of the City of Houston to recover possession of a case containing a collection or assembly of assorted dice, both straight and crooked. The Chief of Police defended upon the ground that "the subject matter of this litigation being a gambling or gaming device per se, is a public nuisance and as such plaintiff herein has no property right to be adjudicated by this honorable court as a matter...
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