Mitchell v. Orr

This is an action to recover $300 lost and paid on a wager upon the result of a primary election in Carter County. There is no *535question of the statute of limitations involved and no contest over the facts, they being agreed to. There was a trial before a special Judge in the Court below, and the plaintiff was denied the right to recover back the money, and he has appealed and assigned errors.

The only question involved is whether money wagered, lost, and paid over upon the result of a primary, election can be recovered by the losing party. It is conceded that at common law it could not be.…