West v. Carter

This was an action on an appeal bond given to appeal a judgment rendered by a Justice of the Peace in favor of the plaintiff in error, and against the Chicago Driving Park Association. The defendant in error became surety on the bond.

The appeal was dismissed in the Circuit Court, and to the action on the appeal bond defendant in error pleaded that the judgment rendered by the Justice “ was based upon a gaming transaction, to-wit, a wager upon a certain horse race and upon no other cause or thing whatsoever;” that said judgment was by default with no trial upon the merits. Plaintiff demurred…