Wallace v. Opinham

The plaintiff appealed from a judgment rendered pursuant to an order sustaining a demurrer to the complaint to recover gambling losses, without leave to amend the pleading. The second cause of action alleges that plaintiff and defendant engaged in “a game of cards . . . known as Twenty-One,” which is specifically prohibited by section 330 of the Penal Code. It is asserted that, at that game, the plaintiff lost the total sum of $9,250 by means of the fraud of the defendant in using a deck of “marked cards,” which fact was unknown to plaintiff.

The appellant contends that he was not in pari…