New York Court of Appeals
Percy C. Reed, Appellant v. Martin W. Littleton, as District Attorney of Nassau County, Respondents
July 13, 1937275 N.Y. 150
Summary
The Court of Appeals affirmed the Appellate Division's decision that a declaratory judgment action is unavailable to challenge the validity of a criminal gambling statute when the statute is valid and the issue is whether the plaintiff's conduct violates it. The court held that equity courts will not intervene to adjudicate criminal liability absent a clear legal right and irreparable injury.