# Harvie v. Heise, Sheriff

> Supreme Court of South Carolina · January 16, 1929 · 150 S.C. 277

URL: https://www.frixlaw.com/law-library/cases/3887045

## Case

- **Full name:** Harvie v. Heise, Sheriff, Et Al., and 8 Other Cases
- **Court:** Supreme Court of South Carolina
- **Decided:** January 16, 1929
- **Citations:** 150 S.C. 277; 148 S.E. 66; 1929 S.C. LEXIS 142
- **Precedential status:** Published
- **Opinion:** Dissent by Cothran
- **Judges:** Stabler, Cothran, Messrs, Brease, Carter, Watts
- **Cited by:** 27 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3887045

## Opinion text

Mr. Justice Cothran
(dissenting) : I think that until it has been adjudicated, as it has not, that the checks issued by the machine are redeemable in cash or trade, the machines- in question do not offend the particular statute involved. The fact that they may appeal to the gambling instinct, and are operated by customers as a gambling- instrument, does not bring them within the statute, which might for that reason be applied to hundreds of other games and appliances. If the local proprietor should install such machines and permit in
*289
his establishment the operation of them in satisfaction of the gambling instinct, he would be liable under a different statute for maintaining a gambling nuisance; this does not present such a case, so far as the manufacturers and owners of the machines are concerned.
Mr. Chief Justice Watts concurs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3887045. Public record. Not legal advice.