White v. Yarbrough
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Tried before the Hon. Nathan Cook. This was an aclion of debt on a bill single by defendant 'against the plaintiff in error.
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Error to the Circuit Court of Talladega. Tried before the Hon. Nathan Cook. This was an aclion of debt on a bill single by defendant 'against the plaintiff in error. The defendant below filed the following plea to the plaintiff’s declaration: “And the defendant, by attorney, comes and defends, &c., and says, the said plaintiff ought not to have or maintain his action, because, he says, in the year 1844, the said defendant betted with one B. H. Spyker the sum of one hundred dollars upon the result of the then pending Presidential election, for President of the United States, which said bet of…
1Opinion of the CourtCollier, C. J.
The defendant’s plea professes to answer the entire cause of action, but if it answers any, it is a part only, leaving unansAvered much the greater part, which is of the gist of the action,, and Ave shoukMncline to think it bad on demurrer. Deshler v. Hodges, use, &c., 3 Ala. Rep. 509. If, hoavever, the plea in this respect be free from objection, we cannot doubt that the matter of the'defence Avhich-it relies on. *111is wholly -unavailable. It amounts to nothing more than this, that the defendant lost one hundred dollars upon the result of the Presidential election of 1844, which- was won by…
2Cases cited1 opinion
- Deshler v. HodgesSupreme Court of Alabama · 1842
3Cited by7 opinions
- Russell v. BushSupreme Court of Alabama · 1916
- Peoples Shoe Co. v. SkallySupreme Court of Alabama · 1916
- First National Bank v. First National BankSupreme Court of Alabama · 1897
- Galbreath v. ColeSupreme Court of Alabama · 1878
- Lee v. BoydSupreme Court of Alabama · 1888
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