Wood v. Duncan
Supreme Court of Alabama
Error to the, Circuit court of Benton county. Assumpsit, for money deposited as a wager — tried by Shortridge, J. The defendant in error brought an action of assump-sit, in the Circuit court of Benton, to recover of the plaintiff the sum of three hundred dollars, the amount of a wager, deposited in his hands as a stakeholder, to be paid over, according as the event of a horse race agreed to be run between the defendant and a third person, might ascertain the one or other to…
Read the full summary
Error to the, Circuit court of Benton county. Assumpsit, for money deposited as a wager — tried by Shortridge, J. The defendant in error brought an action of assump-sit, in the Circuit court of Benton, to recover of the plaintiff the sum of three hundred dollars, the amount of a wager, deposited in his hands as a stakeholder, to be paid over, according as the event of a horse race agreed to be run between the defendant and a third person, might ascertain the one or other to be entitled to it. To the declaration, there was a demurrer, which being overruled, the case was tried on the general…
1Opinion of the CourtCollier, C. J.
By the act of eighteen hundred and *229seven, entitled “ an act to prevent the. evil practice of gaming,” (Aik. Dig. s. 1, p. 209,) it is enacted, that “ all promises, agreements, notes, bills, bonds, or other contracts, judgments, mortgages, or other securities, or other conveyances whatsoever, made, signed, given, granted, drawn or entered, or executed by any person or persons whatever, after the passing of this act, where the whole or any part of the consideration of such promise, agreement, conveyance or security, shall be for money, or other valuable thing whatsoever, laid or betted,” &c., “…
2Cited by5 opinions
- Wright v. StewartU.S. Circuit Court for the District of Missouri · 1904
- Thornhill v. O'RearSupreme Court of Alabama · 1895
- Shackleford v. WardSupreme Court of Alabama · 1841
- Whitwell v. CarterMichigan Supreme Court · 1856
- Samuels v. AinsworthSupreme Court of Alabama · 1848