Harper v. Crain
Ohio Supreme Court
Error to the District Court of Greene County. The original action was brought before a justice, December 21, 1872, by Crain against Harper, to recover $140, the value of one horse, sold and delivered August 27, 1872. Harper denied the indebtedness, and set up as a defense that the horse was sold upon a wager on the presidential election, ■and that before that event he returned the horse and drew the wager. After a trial and judgment the case was appealed.
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Error to the District Court of Greene County. The original action was brought before a justice, December 21, 1872, by Crain against Harper, to recover $140, the value of one horse, sold and delivered August 27, 1872. Harper denied the indebtedness, and set up as a defense that the horse was sold upon a wager on the presidential election, ■and that before that event he returned the horse and drew the wager. After a trial and judgment the case was appealed. In the common pleas, Crain filed his petition, alleging, as before the' justice, that Harper was indebted to him for $140, with interest…
1Opinion of the CourtJohnson, J.
Although exception to the charge of the-court are not specifically made, yet as we have all the evidence as well as the charge, it is proper to examine it in connection with the evidence, in order to determine whether the verdict and judgment are according to law and evidence. Marietta & Cincinnati R. R. v. Strader, 29 Ohio St. 452.
*343This transaction was a wager, or bet, on the result of an election, and therefore void. Thomas v. Crouse, 16 Ohio, 54; Lucas v. Harper, 24 Ohio St. 328.
It is a fact, admitted in the pleading, and not controverted by the evidence, that before the election which' was…
2Cases cited1 opinion
- Clark v. PettyOhio Supreme Court · 1876