Maling v. Crummey

The opinion of the court was delivered by

Scott, J.

This is an action brought to recover money lost at gaming. At the conclusion of the plaintiff’s case the defendant moved for a non-suit, on the ground that the statute on which the action is founded is void in that it is not embraced in the title to said act. The act was entitled ‘ ‘An act to prevent and punish gaming. ’ ’ The particular provision, now § 142 of the Penal Code, provides that any person losing money, etc., on any of the games referred to, shall have a cause of action to recover from the dealer or player winning the same, the…