Phalen v. Virginia
Supreme Court of the United States
This case was brought up by a writ of error to the General Court of Virginia. The plaintiff in error had been convicted in the Superior Court for the County of Henrico and City of Richmond, on an indictment for selling lottery-tickets contrary to the act of Assembly of Virginia, passed on the 25th of February, 1834. The case was removed by writ of error to the General Court of Virginia, where the judgment was affirmed.
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This case was brought up by a writ of error to the General Court of Virginia. The plaintiff in error had been convicted in the Superior Court for the County of Henrico and City of Richmond, on an indictment for selling lottery-tickets contrary to the act of Assembly of Virginia, passed on the 25th of February, 1834. The case was removed by writ of error to the General Court of Virginia, where the judgment was affirmed. That being the highest court of criminal jurisdiction in Virginia, the plaintiff in error brought his case into this court by a writ of error under the twenty-fifth section of…
1Opinion of the CourtJustice Grier
It might admit of some doubt whether the act of 1829 grants any franchise, or constitutes any contract, either with the commissioners therein appointed, or with the turnpike corporation. It imposes certain duties on each. The com-; missioners are required to use the license thus given, not for their own benefit, but for a public purpose. The money procured by the proposed lotteries is to be paid over to the Fauquier and Alexandria Turnpike Road Company, to be by them expended “ in the improvement and repair of the road.”
It is true,^ that the corporation might receive greater benefits from the…
2Cited by67 opinions
- Stone v. MississippiSupreme Court of the United States · 1880
- Lottery CaseSupreme Court of the United States · 1903
- Pearsall v. Great Northern Railway Co.Supreme Court of the United States · 1896
- Poppen v. WalkerSouth Dakota Supreme Court · 1994
- Douglas v. KentuckySupreme Court of the United States · 1897
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