Legal Opinion

Guenther v. Dewien

Supreme Court of Iowa

Decided October 6, 1860PublishedCited by 12 opinions

Appeal from Des Moines District Court. This case was submitted to tbe court below and decided upon the following agreed statement of facts: Plaintiffs sue upon a contract by the terms of which defendant was to pay them $225, and they in consideration thereof were to convey to him a certain tract of land. It was agreed that this contract was made under these circumstances: Plaintiffs owned a tract of land.

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Appeal from Des Moines District Court. This case was submitted to tbe court below and decided upon the following agreed statement of facts: Plaintiffs sue upon a contract by the terms of which defendant was to pay them $225, and they in consideration thereof were to convey to him a certain tract of land. It was agreed that this contract was made under these circumstances: Plaintiffs owned a tract of land. In order to sell it at a good price, they caused the same to be subdivided into lots, and the plat thereof to be recorded. These lots were then divided into three classes, denominated,…

1Opinion of the CourtWright, J.

The constitution of this State declares that, no lottery shall be authorized by this State, nor shall the sale of lottery tickets be allowed; Art. 3, section 28. And by the law it is provided that if any person make, or aid in making, or advertise or make public any scheme; or advertise or offer for sale any ticket; or sell, negotiate, or dispose of, or purchase or receive any ticket for, or in any lottery in this State, he shall be punished by fine or imprisonment, or both. Code, section 2730.

The reason and policy of this constitutional provision and this statute, unite in our opinion, to…

2Cases cited3 opinions

  1. Walden v. Phœnix InsuranceNew York Supreme Court · 1810
  2. Belding v. PitkinNew York Supreme Court · 1804
  3. M'Bride v. Marine InsuranceNew York Supreme Court · 1811

3Cited by12 opinions

  1. Correll v. B. C. R. & M. R. R. Co.Supreme Court of Iowa · 1874
  2. Johnson County Savings Bank v. City of CrestonSupreme Court of Iowa · 1930
  3. Boardman v. ThompsonSupreme Court of Iowa · 1868
  4. Dillon v. AllenSupreme Court of Iowa · 1877
  5. Bay v. DavidsonSupreme Court of Iowa · 1907

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