Shackleford v. Ward
Supreme Court of Alabama
Writ of error to the County Court of Sumter county. ASSUMPSIT on the common money counts. Verdict fo, the defendant on the general issue, and judgment thereon.— The writ was issued on the third day of February, 1840. At the trial, the plaintiff proved that some time in the year 1839, and previous to the election held in said county, he betted the sum of five hundred and fifty dollars, with one Tankersley, upon the result of the Senatorial election.
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Writ of error to the County Court of Sumter county. ASSUMPSIT on the common money counts. Verdict fo, the defendant on the general issue, and judgment thereon.— The writ was issued on the third day of February, 1840. At the trial, the plaintiff proved that some time in the year 1839, and previous to the election held in said county, he betted the sum of five hundred and fifty dollars, with one Tankersley, upon the result of the Senatorial election. The money was deposited in the hands of the defendant. On the day following the election, and before the defendant had paid over -the money to…
1Opinion of the CourtGoldthwaite, J.
1. The plaintiff in this case, after the supposed determination of the wager,• gave notice to the stake-holder to retain the money in his hands, and not to pay it over to the supposed winner. This arrested the money in his hands, and it could at any time- after this have been reclaimed'by the- plaintiff, and the defendant would not have been authorised to withhold it, even if the wager had been decided against the former. This was settled in the case of Wood v. Duncan. 9 Porter, 227. It appears-, however, that the event on which the wager was to- be determined, in point of law, never took…
2Cases cited2 opinions
- Rathbun v. IngalsNew York Supreme Court · 1831
- Wood v. DuncanSupreme Court of Alabama · 1839
3Cited by5 opinions
- Wright v. StewartU.S. Circuit Court for the District of Missouri · 1904
- Thornhill v. O'RearSupreme Court of Alabama · 1895
- Lewis v. BrutonSupreme Court of Alabama · 1883
- Whitwell v. CarterMichigan Supreme Court · 1856
- Turner v. ThompsonCourt of Appeals of Kentucky · 1900