Legal Opinion

M'Gimpsey v. Booker

Tennessee Supreme Court

Decided March 15, 1833Published

In the year 1824, an act of assembly was passed, authorizing the drawing of a lottery, for the purpose of building a Masonic Hall in the town of Columbia; Booker, M5G-uire, Nelson, Grove and Dale were appointed managers. By the second section, they were required, before they proceed with the lottery, to enter into bond with security, &c.

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In the year 1824, an act of assembly was passed, authorizing the drawing of a lottery, for the purpose of building a Masonic Hall in the town of Columbia; Booker, M5G-uire, Nelson, Grove and Dale were appointed managers. By the second section, they were required, before they proceed with the lottery, to enter into bond with security, &c. The third section says, the managers shall take an oath fairly and impartially to manage the lottery, and shall, under the inspection of justices of the peace, put the numbers, &c. into the wheel, and shall appoint two clerks, who shall be sworn, &c. to keep…

1Opinion of the CourtPeck, J.

There is no fraud pretended in this case, the commissioners, in drawing the lottery, having acted in good faith. Does there appear such a mistake as makes it indispensable that for the sake of justice amongst the ticket holders there should be a redrawing? A majority of us are of opinion there is not. Books were kept of the drawing, the tickets were strung in separate files in the order drawn, by which mistakes could be rectified. A. mistake didintervene, but was rectified by the files of tickets; this was part of the drawing, so were all the acts of the commissioners in making calculations,…

2Cases cited2 opinions

  1. Brent v. DavisSupreme Court of the United States · 1825
  2. Neilson v. MottSupreme Court of Pennsylvania · 1810

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