Givens v. Rogers
Supreme Court of Alabama
Writ of Error to the Circuit Court of Talladega.. The suit was commenced before a justice, by the plaintiff in error, on five bonds for $44 each, by which the defendant in error promised to pay the plaintiff $44 when James K. Polk should be elected President of the United States, over Henry Clay, in 1844. The justice rendered judgment in each case in favor of the plaintiff, from which an appeal was taken to' the circuit court, where the cases were consolidated.
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Writ of Error to the Circuit Court of Talladega.. The suit was commenced before a justice, by the plaintiff in error, on five bonds for $44 each, by which the defendant in error promised to pay the plaintiff $44 when James K. Polk should be elected President of the United States, over Henry Clay, in 1844. The justice rendered judgment in each case in favor of the plaintiff, from which an appeal was taken to' the circuit court, where the cases were consolidated. The plaintiff filed a declaration consisting of several counts, , in which it was averred that James JÍ. Polk was elected President…
1Opinion of the CourtOrmond, J.
The principal question in the cause is, whether the contract here sought to be enforced, is a wager, within the statute of this State prohibiting betting on elections. The act declares, that “ every person who shall hereafter make any bet, or wager of money, or other thing of value, upon any election in this State, shall be deemed guilty of a misdemeanor,” &c. [Clay’s Dig. 435, § 23.] It is contended that a bet upon the Presidential election is not an election in this State, within the meaning of the act. The election of President, is certainly an election in this State, unless the fact that…
2Cases cited1 opinion
- Gasch v. DaviesWashington Supreme Court · 1890
3Cited by4 opinions
- Morris v. HallSupreme Court of Alabama · 1868
- South Carolina Cotton Growers' Co-Op. Ass'n v. WeilSupreme Court of Alabama · 1929
- Finn v. BarclaySupreme Court of Alabama · 1849
- Elbersole v. DanielSupreme Court of Alabama · 1906