Boner v. Montgomery

.Thdge Breok

delivered the opinion of the Court.

The right of the loser to resort to a Court of equity to recover.back money lost and paid at gaming, was settled by this Court, in McKinney vs Pope’s adm’r., (3 B. Monroe, 93;) and the same principle recognized in Lyle vs Lindsey, (5 B. Monroe, 123.)

Regarding these cases as settling authoritatively the question of jurisdiction, it results that the Court below erred in dismissing, upon that ground, the complainant’s bill.

- Upon the merits, in view of the pleadings and the proof, the complainant, in our opinion, was entitled to recover sixty-six…