Lewis v. Bruton
Supreme Court of Alabama
Appeal from the Circuit Court of Lawrence. Tried before the Hon. H. C. Speake. This action was brought by Joseph A. Bruton, against Joseph M. Lewis, to recover the sum of $200, deposited by plaintiff with defendant, as a stakeholder, on a wager with Thomas H. Jones as to the result of the election between Gen. J. Wheeler and Col.
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Appeal from the Circuit Court of Lawrence. Tried before the Hon. H. C. Speake. This action was brought by Joseph A. Bruton, against Joseph M. Lewis, to recover the sum of $200, deposited by plaintiff with defendant, as a stakeholder, on a wager with Thomas H. Jones as to the result of the election between Gen. J. Wheeler and Col. W. M. Lowe, candidates for Congress from the 8th congressional district, at the general election m November, 1880; and was commenced on the 10th March, 1881. The first count of the complaint was in these words: “Plaintiff •claims of defendant $200, paid to defendant…
1Opinion of the CourtStone, J.
— We do not think section 2131 of the Code of 1816 exerts any influence in this case, except to the extent that it declares all contracts based on a gambling consideration to be void. The second clause of the section has reference to suits between the parties making the wager. It sheds no new light on the question of the stakeholder’s liability.
The rule is general, both in England and in this country, that when a wager is made, and the stakes are deposited with a stakeholder, either party may, at any time before the result is ascertained, and the money paid over to the winner, withdraw from *320tl…
2Cases cited10 opinions
- Hawley v. BibbSupreme Court of Alabama · 1881
- Love v. HarveyMassachusetts Supreme Judicial Court · 1873
- Ivey v. PhiferSupreme Court of Alabama · 1847
- Davis v. OrmeSupreme Court of Alabama · 1860
- Tarleton v. BakerSupreme Court of Vermont · 1843
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3Cited by4 opinions
- Thornhill v. O'RearSupreme Court of Alabama · 1895
- City Ry. Co. v. BeardDistrict Court, S.D. Ohio · 1923
- Himmelman v. PecautSupreme Court of Iowa · 1907
- Town of Frisco City v. GreenSupreme Court of Alabama · 1943