Clark v. Slaughter
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: WaereN D. TakbaNt, Circuit Judge. Action under sec. 4532, Stats. 1898, to recover money alleged to have been lost at gambling. Tbe complaint stated in substance tbis: Defendants during tbe times mentioned were copartners in operating a gambling bouse in tbe city of Milwaukee.
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Appeal from a judgment of tbe circuit court for Milwaukee county: WaereN D. TakbaNt, Circuit Judge. Action under sec. 4532, Stats. 1898, to recover money alleged to have been lost at gambling. Tbe complaint stated in substance tbis: Defendants during tbe times mentioned were copartners in operating a gambling bouse in tbe city of Milwaukee. Various methods of gambling were carried on, among them gambling by tbe use of a roulette wheel, whereby tbe loss went to tbe defendants. Plaintiff between March 28, 1904, and March 10, 1905, lost -on tbe said roulette wheel specified sums of money…
1Opinion of the CourtMaeshall, J.
It is said by appellants’ counsel that there was a fatal variance between the evidence and the complaint. The gravamen of the charge was that during the time mentioned the respondent lost a specified amount of money to the appellants at gambling. There was ample evidence that he so lost money in a place kept by defendants, but it was conceded that the loss happened while he was playing at the gambling game of craps instead of, as alleged, on a roulette wheel. There was no objection, however, to the evidence or the submission of the case to the jury on that ground. ' The cause proceeded from…
2Cases cited7 opinions
- Hyer v. City of JanesvilleWisconsin Supreme Court · 1898
- Cawley v. La Crosse City Railway Co.Wisconsin Supreme Court · 1898
- Dodge v. McDonnellWisconsin Supreme Court · 1861
- Bohn v. City of RacineWisconsin Supreme Court · 1903
- Matthews v. Town of BarabooWisconsin Supreme Court · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Gessner v. RoemingWisconsin Supreme Court · 1908
- Charness v. KatzDistrict Court, E.D. Wisconsin · 1943