Clark v. Mayor, Aldermen, and Common Council of Washington
Supreme Court of the United States
ERROR to the Circuit Court for the District of Columbia. This was an action of assumpsit, brought by the plaintiff in error, to recover of the defendants the am unt of a prize drawn in a lottery called “the fifth class of the National Lottery.” A verdict was found for the plaintiff in the Court below, subject to the opinion of the Court, on a case agreed, on which judgment was rendered for the defendants, and the cause was brought by writ of error to this Court.
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ERROR to the Circuit Court for the District of Columbia. This was an action of assumpsit, brought by the plaintiff in error, to recover of the defendants the am unt of a prize drawn in a lottery called “the fifth class of the National Lottery.” A verdict was found for the plaintiff in the Court below, subject to the opinion of the Court, on a case agreed, on which judgment was rendered for the defendants, and the cause was brought by writ of error to this Court. By the constitution of the United States. Congress has , power. to exercise exclusive legislation in all cases whatsoever over the…
1Opinion of the CourtChief Justice Marshall
This cause depends on the liability of the corporation to gay the ticket on which the suit was instituted. In considering this question, that gart of the charter which contains a grant of power on the subject of lotteries, the ordinances of the corporate body in execution of the power, and the proceedings of its agents, must be reviewed.
The charter enacts, “ that the corporation shall have full power and authority” “ to authorize the drawing of lotteries, for effecting any important improvement in the city, which the ordinary funds or revenue thereof will not accomplish; provided, that the…
2Cited by82 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- County Commissioners v. DuckettCourt of Appeals of Maryland · 1864
- Town of East Hartford v. HartFord Bridge Co.Supreme Court of the United States · 1851
- San Francisco Gas Co. v. City of San FranciscoCalifornia Supreme Court · 1858
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