Lucas v. Nichols
Illinois Supreme Court
Appeal from the Circuit Court of Woodford county; the Hon. Samuel S. Eichmond, Judge, presiding. This was a bill in chancery, by appellant against appellees, to set aside a judgment at law, on the ground that the note upon which it was based was given for money bet on the result of an election. The bill also sought to enforce an alleged agreement extending the time for redeeming the land sold under the judgment. The court below dismissed the bill.
1Opinion of the CourtChief Justice Lawrence
In the case of Abrams v. Camp, 3 Scam. 290, this court held that chancery would not relieve against a judgment rendered upon a note given for money won in gaming, where the complainant had had an opportunity to make his defense at law, and had failed to do so.
In Mallett v. Butcher, 41 Ill. 382, the case of Abrams v. Camp was overruled upon this point, the court adhering to the general doctrine in regard to laches, but holding that, under the stringent language of our statute prohibiting gambling at cards or other games, the rule could not be applied to the case under consideration. That suit…
2Cases cited1 opinion
- Mallett v. ButcherIllinois Supreme Court · 1866
3Cited by12 opinions
- Ivy v. HoodSupreme Court of Alabama · 1918
- Power v. LarabeeNorth Dakota Supreme Court · 1894
- Benson v. BuntingCalifornia Supreme Court · 1900
- Turpie v. LoweIndiana Supreme Court · 1902
- Littell v. JonesSupreme Court of Arkansas · 1892
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